RATANLAL GUPTA Vs. RAMVTAR

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner -plaintiff, challenging the order dated 30/07/2013 passed by the Additional District Judge No. 1, Alwar (hereinafter referred to as 'the Appellate Court') in Civil Misc. Appeal No. 25 of 2012, whereby the Appellate Court has dismissed the appeal without considering the application filed by the petitioner -appellant under Order XLI, Rule 27 of CPC.

(2.) IN the instant case, it appears that the plaint in the suit filed by the petitioner -plaintiff against the respondents -defendants was returned by the Trial Court under Order VII, Rule 10 for presenting the same before the Court having the jurisdiction, vide the order dated 18/4/2012. Being aggrieved by the said order, the petitioner had preferred the appeal before the Appellate Court, and along with the said appeal, he filed an application under Order XLI, Rule 27 producing certain documents. The Appellate Court had passed an order to decide the said application along with the appeal, however, while dismissing the appeal vide the impugned order, the Appellate Court did not take into consideration the said application under Order XLI, Rule 27 of CPC. The learned counsel for the respondents does not dispute the fact that the application under Order XLI, Rule 27 was filed by the petitioner, and has not been considered by the Appellate Court, while dismissing the appeal. According to the learned counsel for the petitioner, the said documents produced along with the application under Order XLI, Rule 27 are very material for deciding the appeal, and hence the appeal is required to be decided in the light of the said documents.