APOORVA Vs. LINGE GOWDA

JUDGEMENT

(1.) Heard the learned counsel appearing for the respective parties.

(2.) This second appeal is filed challenging the dismissal of the suit filed by the plaintiff and also dismissal of the appeal and rejection of an application filed under Order 41 Rule 27 of CPC filed before the Appellate Court.

(3.) The contention of the counsel for the appellant that suit was filed for the relief of partition claiming that she is the daughter of defendant No.1 and defendant Nos.2 to 4 are the children of defendant No.1 through first wife. The plaintiff claims that she born to defendant No.1 through the second wife Smt. Prabhavathi and the Trial Court comes to the conclusion that relationship is not proved by the plaintiff inspite of PW1 to PW4 are examined before the Trial Court and produced the documents at Ex.P1 to P4 and also the order passed in FDP at Ex.P5 and hence, the appeal was filed before the Appellate Court. In the Appellate Court, the plaintiff had challenged the order passed by the Trial Court and also filed an application under Order 41 Rule 27 of CPC seeking permission to produce the documents in order to prove her case and the same is also dismissed and consequently, the appeal also dismissed. Hence, the present second appeal is filed. In the second appeal, this Court framed the following substantial questions of law: