CHANDRA SEKHAR PAL Vs. MUSMAT TAPOI

JUDGEMENT

(1.) This application u/s.115 of the C. P. C. is by the appellants in Title Appeal No. 1 of 1961 pending before the Subordinate Judge, Athagarh against the order rejecting their application under O.41 R.27, of the C. P. C. to produce additional evidence.

(2.) The opposite party No. 1 filed the suit (T.S. No. 16 of 1979) for declaration of her right, title and interest in the suit property, for confirmation of possession and for permanent injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit property.

(3.) In course of the trial of the suit, the petitioners wanted to summon one Kunja Panda to produce his sale deed as he had purchased some of the properties (plot No.7) described in the schedule of the plaint. They wanted to prove thereby that the description of the suit properties as well as the boundary given in the plaint are incorrect. In spite of summons the said witness did not appear before the close of the hearing of the suit. The suit having been decreed against them, the petitioners filed the appeal. In the appeal they filed an application under O.41, R.27 of the C.P.C. for permission to produce certified copy of the sale deed executed in favour of Kunja Panda as additional evidence. They stated that the document in question was essential for just decision of the suit and it was beyond their control to produce the same earlier.