LAWS(ORI)-2017-6-10

SUBODHA CHANDRA GHOSE Vs. SMT. JAYANTI GHOSE

Decided On June 19, 2017
Subodha Chandra Ghose Appellant
V/S
Smt. Jayanti Ghose Respondents

JUDGEMENT

(1.) This petition challenges the order dated 10.8.2016 passed by the learned Addl. District Judge, Balasore in R.F.A. No.01/189 of 2015/12. By the said order, the lower appellate court rejected the application of the petitioner under Order 41 Rule 27 CPC for admitting certain documents as additional evidence.

(2.) Opposite parties as plaintiffs instituted C.S. No.771/167 of 2010/2000 in the court of learned Civil Judge (Senior Division), Jaleswar for partition of Schedule-Ka property and declaration of title in respect of Schedule Ka/1 property impleading the petitioner as defendant. The suit was decreed. Challenging the judgment and decree, the petitioner filed RFA No.01/189 of 2015/2012 in the court of learned Addl. District Judge, Balasore. In the appeal, an application under Order 41 Rule 27 CPC has been filed to admit certain documents as additional evidence. The same has been rejected.

(3.) Heard Mr. D.P. Mohanty, learned counsel for the petitioner and Mr. P.K. Dasmohapatra, learned counsel for the opposite parties.