NAMSHARAN DEWANGAN Vs. KRISHNA BAI

JUDGEMENT

(1.) This second appeal has been preferred by defendants No.1 to 3 against the judgment and decree passed by the learned Additional District Judge, Janjgir-Champa (C.G.) in Civil Appeal No.166-A/2018 dtd. 17/5/2019 whereby the appeal preferred by defendants No.1 to 3 under Sec. 96 of the Civil Procedure Code was dismissed and the judgment and decree passed by the learned Civil Judge Class-I, Akaltara, District Janjgir-Champa (C.G.) in Civil Suit No.253-A/2011 dtd. 22/11/2018 was affirmed.

(2.) At the very outset, learned counsel appearing for the appellants/defendants No.1 to 3 would submit that the application under Order 41 Rule 27 of the CPC has been moved for taking additional evidence on the record as defendants No.1 to 3 could not produce relevant documents/the order passed by the Sub-Divisional Officer and certain revenue records before the learned Courts below. He would further submit that the documents go to the root of the case and they are necessary for the just decision of the case.

(3.) On the other hand, learned counsel appearing for the plaintiff would submit that the case is not yet admitted and if the case is dismissed at the admission stage, there is no need to decide the application filed under Order 41 Rule 27 of the CPC. In support of his contention, he has placed reliance on the judgment passed by this Court in the matter of Chandra Bhushan Shukla Vs. Surmila (dead) through Lr's and another in Second Appeal No.373 of 2008 decided on 24/2/2020 wherein in paras 10 and 11 it was held as under:-