KALANDI ROUT AND OTHERS Vs. BIPIN SWAIN

JUDGEMENT

(1.) This petition challenges the order dated 07.04.2017 passed by the learned Additional District Judge, Nimapara in R.F.A. Case No. 88/49 of 2016/2010, whereby and whereunder the learned appellate court rejected the application of the petitioner under Order 41 Rule 27 CPC for acceptance of documents as additional evidence.

(2.) Since the appeal is to be disposed of on a short point, the facts may not be recounted in detail. Pithily put, the plaintiffs- petitioners instituted T.S. No. 74 of 96 in the court of learned Civil Judge (Junior Division), Nimapara for declaration of title, confirmation of possession and permanent injunction. The suit having been dismissed, they filed R.F.A. No. 88/49 of 2016/2010 before the learned Additional District Judge, Nimapara. During pendency of the appeal, they file an application under Order 41 Rule 27 CPC to accept two documents i.e. certified copy of R.S.D. dated 23.02.79 as Ext.23 and R.S.D. dated 5.1.80 as Ext.22 from the side of plaintiffs- appellants instead of Ext.D as additional evidence. Learned appellate court rejected the same.

(3.) Heard Mr. Samir Kumar Mishra along with Mr. S. Pattanayak, learned counsel for petitioners and Mr. Dayananda Mohapatra along with Ms. M. Mohapatra, learned counsel for the opposite party.