SHYLAJA Vs. NIZARUDEN

JUDGEMENT

(1.) The petitioner herein is the appellant in C.M.A. No.12/2023, arising from I.A.No.4/2023 in O.S. No.285/2023, pending before the Sub Court, Karunagappally. Petitioner is aggrieved by Ext.P7 order, which dismissed an application for issuance of a Commission in the C.M.Appeal, on the premise that such an exercise will amount to production of additional evidence governed by Order XLI, Rule 27 of the Code of Civil Procedure, the requirements of which are not satisfied.

(2.) Another finding entered into by the learned Sub Judge is that the Commissioner's report, Ext.C1, which was taken for the purpose of the I.A. before the trial court is not impeached by the present petitioner, who was the appellant in the C.M.A.

(3.) Heard the learned counsel for the petitioner and the respondent.