BIMAL CHANDRA MUKHOPADHYAY Vs. PASHUPATI SENGUPTA & ORS.

JUDGEMENT

(1.) This revisional application is directed against the order dated September 1, 2017 passed by the Ninth Court of Additional District Judge, Alipore in Title Appeal No. 392 of 1995 by which an application under Order 41 Rule 27 of the Code of Civil Procedure filed by the petitioner was rejected with costs of Rs. 5,000/-.

(2.) Indubitably a suit for declaration of title and permanent injunction stood decreed ex parte against the present petitioner. The judgment and decree is assailed by the petitioner before the court of appeal below which gave rise to registration of Title Appeal No. 392 of 1995. It is a matter of great concern that the appeal, which was filed in the year 1995, has not reached to its logical end in the first part of the year 2018.

(3.) An application for production of additional evidence was taken out by the petitioner on March 31, 2015. It is alleged that all those documents were filed in the trial court but due to transfer of the suit from one Judge to another, they were mysteriously lost from the record. The aforesaid facts can be substantiated as the judgment and decree passed by the trial court does not contain any reference of those documents.