VIJAY KUMAR SINGH Vs. MOST. SONI KUER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) Petitioner has filed this civil miscellaneous petition against the order dtd. 9/8/2017, passed by learned District Judge, Aurangabad in Eviction Appeal No.02 of 2016 by which the learned District Judge allowed the petition of the appellants filed under Order 41 Rule 27 of the CPC for bringing some documents on record as evidence.

(3.) The petitioner is plaintiff. The petitioner filed Title Eviction Suit No.10 of 2000 in which the husband of the appellant no.1 appeared and contested the suit. The suit was decreed. The appellants who are widow and sons of the defendants after filing the appeal filed petition under Order 41 Rule 27 of the CPC stating therein that since the defendant no.1 who was contesting the suit after his appearance became traceless in the mid of hearing of the suit and he could not bring all those relevant documents on record, therefore, the appellants were not in knowledge of those documents but got the aforesaid documents after filing the appeal and be allowed to bring on those documents in appeal as evidence. The plaintiff-petitioner objected the petition filed by the appellants under Order 41 Rule 27 of the CPC. The learned District Judge allowed the petition of the appellants vide order dtd. 9/8/2017 and being aggrieved by petitioner has filed this civil miscellaneous petition.