IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.503 of 2009 TRIBENI PRASAD SINGH @ TRIBENI SINGH Versus SURESH PANDEY -------------------- 3 10.04.2009 By the impugned order, the lower appellate court has taken on record as an exhibit a judgment of this Court passed in a First Appeal. The trial court has found that the judgment relates to a dispute between the parties of the appeal and therefore it is relevant for the purpose of just decision of the appeal. No fault can be found in the reasoning given by the lower appellant court in taking the said judgment of this Court as an evidence on record. The lower appellate court has also found that the judgment was not available to the parties at the time of suit and therefore there is no latches also on the part of the appellant in filing that judgment with prayer for taking it on record as evidence. Therefore, this Court does not find any merit in this revision application. This revision application is dismissed. However, learned counsel for the petitioner submits that against the said judgment of this Court an SLP is pending before Hon’ble Supreme Court. It goes without saying if the said judgment is finally set aside by the Hon’ble Supreme Court, the judgment of this Court will loose its force and become a nullity. But that can happen only in case the SLP is finally allowed by the Hon’ble Supreme Court and the judgment of this Court is set aside, not before. Kundan (J. N. Singh, J.) - 2 -