SHOBHIT RAM Vs. BAJRANG LAL

JUDGEMENT

(1.) The plaintiff's suit for permanent injunction was dismissed by the trial Court on 17.08.2015. The petitioner/plaintiff preferred first appeal there-against before the first appellate Court on 08.09.2015 and thereafter also filed an application under Section 41 Rule 27 of the CPC.

(2.) The First Appellate Court, by its impugned order dated 14.03.2016, rejected the application filed under Order 41 Rule 27 CPC by separate order without hearing the appeal on merits, against which the instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner.

(3.) Learned counsel for the petitioner would submit that application under Order 41 Rule 27 CPC has to be decided after hearing the appeal on merits as such the order passed on that application deserves to be set aside whereas learned counsel appearing for respondent No.1 would support the impugned order.