HADI HUSSAIN Vs. SAFIQUL HUSSAIN

JUDGEMENT

(1.) This is a civil revision filed by the defendant under Article 227 of the Constitution of India against the order dated 30.11.2013 passed by District Judge, Jorhat in Misc. (J) Case No.93 of 2013 in Title Appeal No.2 of 2007 which arise out of Title Suit No.26/96 decided by Civil Judge, Jorhat on 27.4.2005.

(2.) By impugned order, the first appellate court dismissed the application filed by the defendant under order 41 Rule 27 of C.P.Code in his pending appeal before the first appellate Court. So the short question which arise for consideration in this revision is whether the first appellate court was justified in dismissing the application filed by the petitioner herein in his appeal under Order 41 Rule 27 of the Code of Civil Procedure ?

(3.) Facts of the case are short. They however need mention in brief infra.