SHRI NIPESH DAS Vs. SHRI AMULAYA DAS

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 07.04.2015 passed by learned Civil Judge, Karimganj in title appeal No. 3/2013 rejecting the application of the present petitioner filed under Order XLI Rule 27 of the Code of Civil Procedure.

(2.) The opposite parties, as plaintiffs, instituted title suit No. 125/2010 in the court of learned Munsiff No. 1 at Karimganj praying for a decree declaring their right, title and interest and also for permanent injunction restraining the defendants from dispossessing the plaintiffs from the suit land.

(3.) The defendants No. 1 and 2 appeared and submitted written statement and contested the case. Ultimately the learned trial court by his judgment and decree dated 21.11.2012 decreed the suit in entirety and being aggrieved thereby, the defendants preferred title appeal No. 3/2013 in the court of learned Civil Judge at Karimganj. During pendency of the appeal, the appellants also moved an application under Order XLI Rule 27 of the Code of Civil Procedure seeking leave to adduce additional evidence so as to exhibit Patta and Khatian with respect to the suit land and also prayed for an order for appointing Survey Commissioner to demarcate the land between the plaintiffs and defendants. The opposite parties herein being the respondents filed an objection against the aforesaid application which was eventually registered as Misc. Case No. 78/2014 and prayed that the application does not have any cause of action and the same deserves to be rejected. The learned trial court after hearing both sides passed the impugned order dated 07.04.2015 thereby rejecting the application filed by the petitioners but in so doing, no perceptible reason whatsoever was recorded.