SHISH RAM Vs. CHANDGIRAM

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 9/2/2023 whereby the application filed by the defendant-respondent Nos. 1 to 3 herein under Order 41 Rule 27 of the Code of Civil Procedure, 1908 for additional evidence has partly been allowed.

(2.) Brief facts relevant to the present lis are that the plaintiff- petitioner herein filed a suit for permanent injunction to the effect that he is the owner in possession as co-sharer of the land measuring 63 kanals 14 marlas comprised in Khewat No. 163 Khatoni No. 227 alongwith land measuring 7 kanals 8 marlas bearing Killa No. 16//15 comprised in Khatoni No. 228 total land being 7 kanals 2 marlas as per jamabandi for the year 2001-02. The suit was dismissed by the Trial Court vide the judgment and decree dtd. 31/8/2016. Aggrieved by the same, an appeal was preferred by the plaintiff-petitioner herein on 22/9/2016. During the pendency of the appeal, on 6/1/2020 an application was filed by the defendant-respondent Nos. 1 to 3 herein for leading additional evidence (Annexure P-1). Vide the said application the defendant-respondent Nos. 1 to 3 had sought to bring on record the following documents :

(3.) Learned counsel for the plaintiff-petitioner would contend that the application has been allowed vide the impugned order which is bereft of any reasoning. The learned counsel has further contended that as per the law laid down in the judgment of the Hon'ble Supreme Court in the case of Malayalam Plantations Ltd. Vs. State of Kerala & Anr. [2011 (3) RCR (Civil) 609] if an application is filed under Order 41 Rule 27 CPC in a pending appeal, it is incumbent on the part of the Appellate Court to consider the same at the time of hearing it on merits so as to find out whether the documents or evidence sought to be adduced have any relevance/bearing on the issues involved. The learned counsel has further relied upon the observations of the Hon'ble Supreme Court in the case of Malayalam Plantations Ltd. (supra) which read as under :