AKHILESH SINGH Vs. LAL BABU SINGH

JUDGEMENT

(1.) This appeal has been filed against the judgment of Patna High Court dated 08.03.2017 in First Appeal No. 704/1976 by which the First Appeal filed by defendants to the suit has been allowed setting aside the judgment and decree of the trial court decreeing the partition suit.

(2.) The brief facts of the case which need to be noted for deciding this appeal are:-

(3.) Learned counsel for the appellant contended that in event the High Court decided to admit the additional evidence under Order XLI Rule 27 CPC, the High Court ought to have given opportunity to the plaintiff-respondent to rebut the additional evidence brought on record by the defendants. The High Court having not given any such opportunity to plaintiff has committed serious error of procedure, which has caused great prejudice to present appellant vitiating the entire judgment of the High Court. It is submitted that the High Court in the additional evidence has relied on certain admissions by the appellant and other co-sharers whereas the appellant was not given any opportunity by the Court to lead evidence in rebuttal and explain the additional evidence relied by defendants-respondents. Learned counsel submits that the reliance on such additional evidence without giving opportunity to lead evidence in rebuttal had vitiated the entire procedure adopted by the High Court, vitiating the judgment and decree of the High Court.