KIRAN KUMARI Vs. HANUMANT SINGH

JUDGEMENT

(1.) -Challenge in this appeal is to the order dated 30th August, 2010, whereby the learned Additional District Judge No. 2, Jaipur District, Jaipur allowed the appeal and set-aside the judgment and decree dated 1st September, 1990, while passing an order on four applications filed under Order 41 Rule 27 of CPC.

(2.) HEARD the learned counsel for the appellants and carefully scanned the relevant material on record including the impugned order.

(3.) ADVERTING to the facts of the instant case, it is noticed that the learned appellate Court albeit allowed four applications while passing the orders under Order 41 Rule 27 CPC, but set-aside the judgment and decree dated 1st September, 1990 passed by the learned trial Court also. In view of the express provisions of Order 41 Rule 27 and 28 of CPC, the learned appellate Court is empowered to allow additional evidence or document to be produced, but is not empowered to set-aside the judgment and decree passed by the trial Court.