MD. JAKARIA Vs. NAHU SK.

JUDGEMENT

(1.) This revisional application is directed against Order No. 85 dated 28th April, 1990 passed by the Civil Judge (Senior Division), Birbhum in Title Suit No. 13 of 1990, by which an application for taking off affidavit of examination-in-chief, filed by defendant/opposite party, from record is rejected.

(2.) Admittedly, the suit filed by the petitioner was dismissed by the trial Court. Assailing the said judgment and decree, the petitioner filed an appeal before the District Judge, Birbhum, being Title Appeal No. 120 of 1992. In the said appeal, the application for production of additional evidence under Order 41 Rule 27 of the Code of Civil Procedure was taken out by the petitioner. The appellate Court remanded the matter back for reconsideration after allowing the application under Order 41 Rule 27 of the Code of Civil Procedure and permitted the petitioner to adduce evidence in support thereof.

(3.) On perusal of the order of remand it appears that the petitioner was given an opportunity to adduce further evidence relating to his title to the suit property as well as showing sufficient means to pay advance money to the opposite party.