IN THE HIGH COUR T OF JUDICATURE AT PATNA CWJC No.18103 of 2010 Md.Asgar Ali, Son of Md. Idris, Shop No. 1, 2 and 3 of Goenka Market at Mohalla Machharhatta, PS Khajekalan, District Patna, Resident of H/O Ghulam Rasool, At Noon Ka Chouraha, PS Khajekalan, District Patna. ----- Petitioner Versus Sri Raj Kumar Goenka, Son of late Sita Ram Goenka, Resident of Mohalla Ghaghagali, Machharhatta, PS Khajekalan, District Patna. ---- Respondent ----------- 2 12.10.2011 Heard learned counsel for the petitioner. The present writ application has been filed against the order dated 22.7.2010, passed by the Sub-Judge, IV, Patna City in Title Eviction Suit No. 5 of 2005 by which the petition dated 8.7.2008 filed by the petitioner was rejected. The petition dated 8.7.2008 was filed by the petitioner who is the defendant in this case and is tenant of the respondent for dismissing the suit on the ground that the original lease deed was not being produced before the Court by the respondent (plaintiff). Considering the facts and circumstances of the case and after going through the impugned order, this Court does not find any infirmity in the order impugned. It goes without saying that the contention of the petitioner that there is no lease deed between the plaintiff and the defendant shall be taken due notice by the Court concerned while passing orders in the title 2 suit. In the absence of non-production of the original lease deed, the Court can very well draw adverse inference and accordingly the benefit shall go to the petitioner but at the preliminary stage, the Court has rightly not dismissed the suit on this ground. In view of the discussions made above, the writ petition is devoid of any merit and is thus, dismissed. Sanjay (Ahsanuddin Amanullah, J.)