SUKRU BIBHAR Vs. TILESWAR NAIK

JUDGEMENT

(1.) DEFENDANT -appellant, in a pending appeal has filed this Civil Revision challenging the legality of the order of the lower appellate Court rejecting the prayer for adducing additional evidence.

(2.) IN view of the order proposed to be passed, it is not necessary to recount in detail the cases of either party. Suffice it to say that plaintiffs -opposite parties 1 to 13 having succeeded in the trial Court in T.S. No. 223 of 1989, T.A. No. 14 of 1993 was filed by the present petitioner. During the pendency of the said appeal, an application under Order 41, Rule 27 of the Code of Civil Procedure, was filed by the present petitioner seeking permission of the appellate Court to adduce additional evidence. The said petition having been rejected by order dated 28.4.1995, the present civil revision has been filed.

(3.) SUBJECT to the aforesaid observations, the civil revision is disposed of. There will be no order as to costs. The L.C.R. may be sent back immediately. All the parties are directed to appear before the lower appellate Court on 15th July, 1998 to receive further instruction in the matter.