B. KRISHNAMURTHY Vs. VENKATALAKSHMAMMA

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant and learned counsel for the respondents.

(2.) Learned counsel for the appellant would vehemently contend that when an application was filed under Order 41, Rule 27 of CPC before the Trial Court praying the Court to receive additional documents contending that defendant Nos.1 to 3 and 7 have sold an extent of 1 acre, 20 guntas out of an extent of 3 acres in Sy.No.9/A to one Mrs. L.V. Jamuna (0.30 guntas as per sale deed at Ex-D20 and mutation extract at Ex.D24) and to one B.R. Sathya (0. 30 guntas as per sale deed dtd. 11/11/2005 - mutation extract at Ex.D23 and the same has not been considered.

(3.) The learned counsel also brought to notice of this Court that the same is pleaded in ground (N) of the appeal memo and also in Page No.28 that the order has been passed erroneously without considering the additional evidence which have been placed before the First Appellate Court. The First Appellate Court has not even considered the said application filed under Order 41, Rule 27 of CPC along with relevant and material documents with a prayer to receive them as additional evidence and it has rendered its judgment without even considering the said application and the same has resulted in serious miscarriage of justice. Learned counsel would vehemently contend that the First Appellate Court proceeded to pass an order without considering the application whether those documents are necessary or not to decide the issue involved between the parties and proceeded erroneously and matter requires to be remanded.