ANWAR ALAM KHAN Vs. ZAIBUN NISA AND ORS.

JUDGEMENT

(1.) The petitioner herein was the plaintiff in the suit who obtained a decree for eviction from the trial court.

(2.) In the appeal preferred from such decree, the defendants/appellants made an application under Order 41, Rule 27 of the Code of Civil Procedure for relying on additional documents. It appears that without disposing of such application, the additional documents were taken on record by the First Appellate Court.

(3.) Being aggrieved, the petitioner herein had come up to this Court by way of filing a revisional application being C. O. 3114 of 2014 which was disposed of by this Court by an order dated September 15, 2014 observing that the First Appellate Court has adopted an erroneous procedure of receiving the documents and posting the application for additional evidence ahead of the appeal. It was further observed that the First Appellate Court (wrongly printed as trial court) should not have received the documents without requiring the documents to be proved and without assessing whether the documents were relevant for the purpose of adjudication of the appeal.