BETU LAL LODHI Vs. MST. MAHARANIYA LODHI

JUDGEMENT

(1.) This miscellaneous petition has been preferred by the petitioner/ defendant 2 challenging the order dtd. 20/8/2018 (Annexure P/3), passed by 1st Additional District Judge, Nagod, District Satna in civil appeal No.23-A/2008, whereby learned first appellate Court has, before deciding the plaintiffs' regular civil appeal on merits, decided and allowed the application under Order 41 rule 27 CPC filed by the respondents/plaintiffs.

(2.) Learned counsel for the petitioner/defendant 2 by placing reliance on the decision of Supreme Court in the case of Union of India v. Ibrahim Uddin and another (2012) 8 SCC 148 = 2012(III) MPJR (SC) 258 and of co-ordinate Bench of this Court in the case of Sampurna Singh v. Harisingh 1997(II) MPWN 147, submits that learned first appellate Court has committed illegality in deciding the application under Order 41 rule 27 CPC before hearing and deciding the appeal on merits and prays for setting aside the impugned order.

(3.) Learned counsel appearing for the respondents 1-4/plaintiffs supports the impugned order and submits that no jurisdictional error has been committed by learned first appellate Court in deciding and allowing the application prior to hearing of civil appeal on merits and still the petitioner/defendant 2 has right to file documentary evidence in rebuttal. Accordingly, he prays for dismissal of the miscellaneous petition.