SAKUNTALA CHAKRABORTY Vs. SHIBA PROSAD ROY

JUDGEMENT

(1.) This is an application under S. 115 of the Code of Civil Procedure directed against the Order No. 12 dated 7-7-1994 passed by the ld. Additional District Judge, 6th Court, Alipore in Title Appeal No. 446 of 1983 arising out of Title Suit No. 14 of 1992.

(2.) It was a suit for eviction of a tenant and the suit was decreed against which an Appeal was preferred before the ld. 1st Appellate Court. When the Appeal was pending the defendant-appellant filed two petitions before the ld. Appellate Court - one under Order 41, Rule 27 of the CPC and the other under Order 6, Rule 17 of the C.P.C. The first one was for taking additional evidence. The second one was for amendment. Both the applications were pending before the ld. 1st Appellate Court, when the defendant-appellant filed a petition before the ld. 1st Appellate Court for disposing of those two petitions at an early date. The petition was taken up for hearing by the ld. Appellate Court and after considering the submissions of both sides, the ld. Appellate Court under Order 6 Rule 17, CPC and that under Order 41, Rule 27 would be heard together with the Appeal itself.

(3.) On being aggrieved by such order the present Revisional Application has been filed by the defendant-appellant before this Court.