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2018 DIGILAW 2637 (JHR)

Md. Jahan son of late Mohammad Hussain v. Mohammad Shamshad Alam son of Basarudding Ansari

2018-12-04

SHREE CHANDRASHEKHAR, SHREE CHANDRASHEKHAR

body2018
JUDGMENT : The petitioner, who is the plaintiff in Title Suit No.55 of 2010, is aggrieved of order dated 12.04.2016 by which his application seeking recall of order dated 13.01.2016 has been dismissed. 2. By an order dated 13.01.2016 the plaintiff's evidence was closed by the court. 3. Title Suit No.55 of 2010 has been instituted for a decree for pre-emption against the defendant no.1 in respect of the suit property comprised under schedule 'C'. The plaintiff has claimed that defendant nos.2 to 4 are his real brothers and during his life-time their father namely, Mohammad Hussain Saheb sold a part of the land comprised under R.S Khata No.29 and he executed a Bakshishnama deed in respect of the land and the house comprised under schedule 'A' property. Claiming that the defendant nos.2 to 4 can claim only 0.03½ acres land and proportionate share in the house, however, they have illegally executed a registered sale-deed dated 23.11.2010 in favour of defendant no.1, the suit has been instituted. After framing of issues in the suit the plaintiff was granted at least three opportunities, that is, on 01.10.2015, 24.11.2015 and 11.12.2015, however, when he failed to adduce any evidence the plaintiff's evidence was closed vide order dated 13.01.2016. 4. Not only a right of pre-emption is a weak right in law, the plaintiff who has failed to adduce evidence inspite of three opportunities granted, apparently was negligent. A negligent litigant cannot plead that if opportunity to lead evidence is not granted to him, he would suffer serious prejudice. 5. In the above facts, viewed thus and for the reasons indicated hereinabove, I find no ground to interfere in the matter and accordingly the writ petition is dismissed.