IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8009 of 2011 SHAMBHU PRASAD GUPTA Versus THE STATE OF BIHAR & ORS ----------- 5 5.5.2011 After hearing learned counsel for the petitioner and going through the order passed, this Court finds that the trial court fell into error in sending the Commissioner for verification of record filed by the applicant on objection of the defendant vide order dated 7.12.2007. The trial court fell into error that the document was an old more than thirty years. As it is evident ex facie from the document and was admissible evidence under section 90 of the Evidence Act, verification was not required. Thus, the impugned order dated 7.12.2007 by which the objection of the petitioner has been rejected is set aside. The trial court is directed to decide the objection afresh in the light of Section 90 of the Evidence Act after giving opportunity of hearing to all the parties. AnilKrSinha ( Prakash Chandra Verma, J.)