IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.559 of 2010 Akhilesh Kumar Bajpayee, son of late Madan Lal Bajpayee, resident of Mohalla-Vishwanath Mandir Lane Baranashi, P.S. Kodai, District-Varanashi ---- Plaintiff---- Petitioner. Versus 1. Usha Mishra D/O late Madan Lal Bajpayee. 2. Badan Lal Bajpayee. 3. Kamal Lal Bajpayee, both are sons of late Manohar Bajpayee alias Jagarnath Bajpayee. 4. Kamla Devi wife of Anjani Lal Bajpayee 5. Anand Bajpayee son of Anjani Lal Bajpayee 6. Punita Devi D/O Anjani Lal Bajpayee 7. Shobha Kumari 8. Abha Kumari, D/O Anjani Lal Bajpayee 9. Lav Kush Kumar Bajpayee son of late Manohar Bajpayee @ Jagarnath Bajpayee., all are resident of Mohalla-Vishwanath Mandir lane Baranashi, P.S. Kodi, District- Varanashi ---- Plaintiff ---- Opposite Party. 10. Dr. Hitendra Narayan Mishra, son of late Girendra Krishna Mishra. 11. Smt. Jayanti Mishra, wife of Dr. Hitendra Narayan Mishra, resident of Mohalla-Ganj No.2, Bettiah Hanuman Chauck, P.S. Bettiah District East Champaran. 12. Kailash Prasad 13. Nand Kishore Prasad 14. Nathuni Prasad 15. Bhannu Lal 16. Swaminath 17. Kashinath 18. Lalan Prasad, all 12 to 18 are sons of Badri Ram, resident of Bettiah Muhalla Ganj No.2, Hanuman chauk, P.S. P.O. Bettiah, District East Champaran. 19. Lakshmi Narayan son of Durga Ram resident of village- Bettiah Mohalla Ganj No.1, Hanuman chauk , P.S. P.O. Bettiah, District-East Champaran. 20. Sidheshwar Singh @ Manichar Singh, son of not known resident of Mohalla-Ganj No.2 Hanuman Chauk, P.S. P.O. Bettiah, District East Champaran. 21. Ishwar Yadav, son fo Nanhak Yadav 22. Hira Yadav, son of Iswar Yadav 2 23. Satyanarayan Yadav son of Jang Bahadur Yadav 24. Shree Yadav, son of late Jang Bahadur Yadav 25. Ramchandra Yadav, son of not known, all resident of Village-Mudika P.O. Charbharwa Via-Bagha, P.S. Chautarva District-West Champaran. 26. Badri Prasad Yadav, son of late Ratana Yadav 27. Satyanarayan Yadav 28. Mahadev Yadav, son of late Jhagru Yadav all are resident of Banukapar, P.S. Mufassil Bettiah District- West Champaran 29. Harendra Lal 30. Yogendra Lal, son of late Ambika Lal, all are resident of Bhaluaiwan, P.S. Pursushotinpur Anchal Mainatand, District West Champaran. 31. Prahlad Yadav son of not known resident of Parsa, P.S. Purushotinpur, Anchal Maintand, District-West Champaran---- Intervenor ---- Opposite Parties. ------------- 30.7.2010 Heard Mrs. Nilima Singh for the petitioner, and Mr. Amrendra Nath Verma for opposite party nos. 10 and 11. This civil revision application at the instance of the plaintiff is directed against the order dated 4.3.2010, passed by the learned 3rd Sub-ordinate Judge, Bettiah, in Partition Suit No. 7 of 1984 ( Madan Lal Bajpayee Vs. Ram Kali Devi), whereby he has rejected the plaintiff’s application to bring on record and mark exhibit certain documents which has protection of Section 90 of the Indian Evidence Act, 1872. It appears that the plaintiff had earlier filed an application with the same prayer that certain documents may be allowed to be marked exhibits with the protection of 3 section 90 of the Indian Evidence Act. The application was rejected by order dated 12.8.2009. The same was not challenged and, therefore, attained finality. As a desperate move, the plaintiff repeated the application which has been rejected by the impugned order. We are, therefore, of the view that the learned Sub-ordinate Judge has rightly rejected the present application. It appears to be a delaying tactics on the part of the plaintiff. In the result, this civil revision application is rejected. It is a suit of 1984. The learned trial court is directed to dispose of the same within a period of six months and report compliance to this court. Vinay/ ( S. K. Katriar,J. )