NIKKU RAM Vs. DILA RAM

JUDGEMENT

(1.) Appellants before this Court are the defendants. They have suffered a decree for permanent prohibitory injunction from the two courts below.

(2.) A perusal of the record shows that before the first Appellant Court, the defendants has moved an application under Order 41 rule 27, Code of Civil Procedure, for permission to lead additional evidence.

(3.) The learned first Appellate Court on 30.4.2002 directed that the application made by the defendants for additional evidence would be heard along with the main appeal. The main appeal was dismissed on 7.5.2003. In the impugned judgment and decree, there is no reference to the application made under Order 41 rule 27, Code of Civil Procedure, though, the zimni order dated 7.5.2003 states that vide a separate judgment announced today, the application under Order 41 rule 27, Code of Civil Procedure, along with the main appeal has been dismissed. There is no order on the file dismissing the application under Order 41 Rule 27, Code of Civil Procedure.