YOUSUFUDDIN Vs. MASIUDDIN

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner's application being I.A.No.829 of 2010 in A.S.No.41 of 2006 filed under Order 41 Rule 27 of the Code of Civil Procedure, 1908 seeking permission to produce additional evidence was rejected by the lower appellate Court by order dated 01.10.2010 and the same is questioned in this revision.

(3.) 1 find from the last sentence in para 9 of the impugned order that the learned appellate Judge has rejected the aforesaid application for additional evidence on the ground of delay as well as on merits and it would not be in the interest of justice to remit the matter to the same learned Judge in view of the opinion expressed by him already. I, therefore, deem it appropriate to transfer the appeal A.S.No.41 of 2006 along with I.A.No.829 of 2010 to the learned District Judge, Nizamabad, for reconsideration and determination afresh. Since the appeal is of the year 2006, the learned District Judge, Nizamabad, would hear and decide the appeal as expeditiously as possible.