DHARMENDRA PASWAN Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Plaintiff-respondent 1st party petitioner aggrieved by the order dated 27.5.2006 passed by the Additional District Judge, Fast Track Court, Munger in M.T.A. No. 6 of 2004 directing to submit additional documents in evidence has preferred this application.

(2.) Short facts, giving rise to the present application are that plaintiff filed Titled Suit No. 49 of 2000 for declaration that the order dated 20th of Dec., 1994 is illegal, inoperative and not binding on the plaintiff and further the appointment of the plaintiff was made on the basis of genuine recommendation. Munsif 1st, Munger by judgment and decree dated 28th of November. 2003 decree the suit and held that order dated 20th of Dec., 1994 passed by defendant No. 6 is illegal inoperative and not binding on the plaintiff and further appointment and regularisation of service of the plaintiff was made on valid basis. It also ordered to permit the plaintiff to joint his service with all facilities including the pay from 20th of December, 1994.

(3.) Aggrieved by the same the State of Bihar, the District Magistrate. Munger the District Welfare Officer. Munger i.e. defendant Nos. 1, 2 and 4 preferred appeal which was registered as M.T.A. No. 6 of 2004. In the said appeal appellants preferred an application under Order 41, Rule 27 (1) (b) of the Code of Civil Procedure for adducing the following documents as additional evidence :