MAHESWAR PRADHAN Vs. SUSHAMA NAYAK & OTHERS

JUDGEMENT

(1.) Assailing the order dated 2.2.2015 passed by the learned Addl. District Judge, Bhanjanagar in RFA No.7 of 2013, the present application has been filed under Article 227 of the Constitution of India. By the said order, learned lower appellate court dismissed the application filed by the appellant under Section 151 CPC to admit the agreement to sale as additional evidence.

(2.) Opposite parties as plaintiffs instituted C.S No.40 of 2012 in the court of learned Civil Judge (Senior Division), Bhanjanagar for a decree directing the defendant to deliver vacant possession of the suit land impleading the petitioner as defendant. The suit was decreed. Thereafter, the petitioner filed RFA No.7 of 2013 in the court of learned Additional District Judge, Bhanjanagar, which is pending adjudication. In the appeal, an application under Section 151 CPC was filed by the petitioner to admit the agreement to sale as additional evidence. The respondents objected to the same. By order dated 2.2.2015, learned lower appellate court rejected the application.

(3.) Heard learned counsel for the parties.