IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.216 of 2009 Krishna Pandey son of Late Kameshwar Pandey, resident of village- Biraj Bigaha, post office- Deshpur, Police Station- Amba, District- Aurangabad (Bihar). ..2nd Party.. Petitioner. Versus 1. Deo Sharan Pandey son of late Dudeshwar Pandey resident of village- Dhanibar Tola, Biraj Bigaha, Police Station- Amba, District- Aurangabad. (Bihar). .. Ist Party.. Opposite Party. 2. The State of Bihar. .. Opp. Party. ---------------------------------- 6. 02.12.2011 The second-party petitioner has preferred this revision application against the order dated 27.11.2006 passed by the learned Executive Magistrate, Aurangabad in Case No. 2159 of 1998 under Section 145 Cr.P.C. by which the possession of the 1st party-opposite party has been declared over the land in dispute. Heard learned counsel for both the parties. From perusal of the impugned order it appears that the documents filed by both the parties have not been proved in accordance with the provisions of the Evidence Act as laid down in Section 62 and 67 of the Act. Under Section 145(4) the documents to be relied upon by a party must be proved in accordance with the provisions of Evidence Act as laid down under 2 Section 62 and 67 of the Act. The decision in the case of Bhun Thakur & Ors. Vs. Jagdeo Beldar & Another, reported in 1981 PLJR 275 is fit to be relied upon. Considering the facts and circumstances, stated above, in my opinion, the impugned order is not fit to be sustained. It is set aside and the matter is remitted to the learned Executive Magistrate. It is essential now that the documentary evidence relied upon by the parties must be proved formally as required by the Indian Evidence Act. The learned Executive Magistrate will permit the parties to remove the defect in the documents by getting them formally proved in accordance with law and thereafter dispose of the matter after hearing both the parties on the evidence already on the record. This revision application is, accordingly, allowed with the above observation. Kanchan (Amaresh Kumar Lal, J.)