NAMDEO BAPURAO BANSOD Vs. TUKARAM MAROTRAO JADHAV

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties. The appellant and respondent are respectively the plaintiff and defendant in a suit for permanent injunction.

(2.) The appellant's prayer in the suit was to restrain the respondent from interfering with his possession of agricultural field S. No. 131/2 of Ridhora village measuring 4 acres. The suit was dismissed by judgment and decree dated 31. 7. 2000. The appellant filed an appeal before the District Judge, Akola. During the pendency of the said first appeal before the District Judge, the appellant filed two applications. One application was for amendment of plaint, under Order 6 Rule 17 of CPC. The second application was under Order 41 Rule 27 of CPC to accept the certified copies of revenue extracts relating to the suit land as additional evidence.

(3.) We, therefore, allow this appeal and set aside the judgment and decree of the high Court and first appellate Court and remand the matter to the first appellate court with a direction to consider and dispose of the application under Order 41 Rule 27 CPC in accordance with law and then decide the first appeal.