IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3240 of 2011 BUNI LAL ROY & ORS Versus THE STATE OF BIHAR & ORS Counsel for the Petitioners: Mr. Prabhat Kumar, Advocate, Counsel for the Respondents: A.C. to G.A.-2. ----------- 03. 10.05.2011 Upon hearing learned counsel for the petitioner and on going through the record, this Court is of the view that neither necessary nor proper party and the document issued by him can be proved is barred under the provisions of the evidence Act. This aspect has not been considered by the trial-court, therefore, impugned order dated 17.02.2010 passed by Sri Satish Chandra Srivastava, learned Munsif, Sheohar at Sitamarhi in Title Suit No.6 of 2009 is set aside. The trial-court is directed to reconsider the application afresh after hearing both the parties. The petition is, accordingly disposed of. Mkr. ( Prakash Chandra Verma, J. )