LAXMAN NATH Vs. BHAGABAN NATH

JUDGEMENT

(1.) THE judgment and decree dated 16.9.1992 and 25.9.1992 passed by learned District Judge, Keonjhar in Title Appeal No.34 of 1988 confirming the judgment and decree dated 18.7.1988 and 4.8.1988 respectively passed by learned Subordinate Judge, Anandpur is assailed by the defendants of the said suit, in this Second Appeal.

(2.) THE suit was for a declaration that defendant No.1 was not the adopted son of late Kanhu and his wife Bhalu, to declare the plaintiffs as the only successors of the properties of late Bhalunath and further to permanently restrain defendants 1 to 4 from entering and interfering in the possession of the plaintiffs in respect of the suit properties. The trial Court decreed the suit and so also the appellate Court.

(3.) IN the aforesaid scenario, without going into the legality and propriety of the judgment passed by the lower appellate Court this Court feels that ends of justice would be better served if the decree passed in the Title Appeal is set aside and the appeal is remitted back to the District Judge, Keonjhar for de novo disposal on merits after taking into consideration the application filed under Order 41, Rule 27 of the Code for acceptance of additional evidence. The learned District Judge shall first of all deal with the petition filed under Order 41, Rule 27 of the Code and either shall accept the documents filed or reject the same and thereafter proceed with the hearing of the appeal in accordance with law. It is made clear that this Court has expressed no opinion on the merits of the case. With the aforesaid observation the appeal is disposed of. Considering the fact that the suit is a very old one, it is expected by this Court that the parties shall not seek for unnecessary adjournment and co -operate with the appellate Court for early disposal of the appeal. The learned District Judge shall dispose of the appeal as soon as possible preferably within a period of six months. The L.C.R. be sent back immediately. Appeal disposed of.