KAMLESH MANJARI DEVI Vs. SATYANARAYAN AICH AND ELEVEN

JUDGEMENT

(1.) CHALLENGE has been made in this writ petition to the order dated 28.6.1996 passed by the learned Addl. District Judge, Balasore in S.J.Appeal No. 21 of 1988 allowing the petition filed by the opposite parties 1 and 2 under Order 41, Rule 27 of the Civil Procedure Code.

(2.) THE appellate Court allowed the application for acceptance of additional evidence by framing an additional issue and issued a direction to give specific finding on the said issue to the trial Court without hearing the appeal on merit.

(3.) THEREFORE , this Court in exercise of the power under Article 227 of the Constitution of India sets aside the impugned order dated 28.6.1996 passed by the learned Addl. District Judge, Balasore in S.J.Appeal No. 21 of 1988 and directs the learned Addl. District Judge, Balasore to rehear the appeal after following the due procedure as stated above.