GOPAL KRUSHNA PANDA @ GOPAL KRISHNA PANDA Vs. MANAGER, UTKAL GRAMEEN BANK, HUMMA BRANCH, DIST -GANJAM AND ANOTHER

JUDGEMENT

(1.) This petition challenges the order dated 07.9.2018, passed by the learned Additional District Judge, Chatrapur (Ganjam), in R.F.A. No.25 of 2016, whereby and whereunder, the appellate court rejected the application of the petitioner-appellant under Order 41 Rule 27 CPC to admit five number of documents as additional evidence.

(2.) Since the dispute lies in a very narrow compass, facts need not be recounted in details. Suffice it to say that plaintiff-petitioner instituted the Civil Suit No.2 of 2014 praying for damages. The suit having been dismissed, he filed R.F.A. No.25 of 2016 before the learned Additional District Judge, Chatrapur (Ganjam). During pendency of the appeal, he filed an application under Order 41 Rule 27 CPC to admit five numbers of documents as additional evidence. The respondentsopposite parties objected the same. The appellate court rejected the application.

(3.) Mr. Prasanna Kumar Parhi, learned counsel for the petitioner submits that the petitioner has filed an application under Order 41 Rule 27 CPC to admit five numbers of documents as additional evidence. Learned appellate court is not justified in rejecting the said application before hearing of the appeal.