GANJHU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application filed under Article 227 of the Constitution of India, has prayed for quashing the order dated 1.9.2005 passed by the A.J.C.-II, Khunti in Title Appeal No. 26 of 2001, whereby the prayer of the petitioner / defendant no. 10 for allowing him to adduce additional evidence at the appellate stage under Order XLI Rule 27 CPC, was rejected.

(3.) From the facts stated, it appears that the petitioner was arrayed in the suit as defendant no. 10. The suit was dismissed by the trial court and against the order of dismissal, the plaintiff / respondent had preferred an appeal which is presently pending before the court below.