H SHAFIULLA Vs. KESHAVAPPA S/O RAMAPPA

JUDGEMENT

(1.) This regular second appeal has come up for Admission.

(2.) The learned counsel for the appellants submits that the matter requires to be remanded back to the First Appellate Court. Since two applications which were filed before the First Appellate Court have not been considered, the impugned judgment is liable to be set aside on that ground alone.

(3.) It is seen from the order sheet of the First Appellate Court that on 19.12.2008, an interlocutory application under Order 41 Rule 27(a) read with Section 151 C.P.C. was filed by the appellants seeking to produce six documents as additional evidence. On 02.01.2009, the First Appellate Court has ordered that I.A.No.02 will be considered along with main matter. On 31.2010, another application under Order 41 Rule 27(b) read with Section 151 of CPC was also filed by the appellants. On 19.07.2010, the First Appellate Court has ordered that I.A.No.03 will be heard along with main matter.