GHISA LAL Vs. TAPADIA BAGICHI TRUST

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners challenging the orders dated 11th April, 2018 and 16th September, 2019. The Appellate Court, vide order dated 11 th April, 2018, had passed order on the application filed under Section 41 Rule 27 CPC. The Court below had observed that the application for taking evidence on record will be considered at the time of final hearing of the appeal.

(2.) Learned counsel for the petitioner submitted that an application under Section 151 CPC dated 31 st August, 2019 was filed by the petitioner to pass appropriate order on an application, which was already filed by the petitioner under Order 41 Rule 27 CPC.

(3.) Learned counsel submitted that the application, which was already allowed by the Court below on 11 th April, 2018, was first required to be considered before final decision of the appeal.