JUHA BALA DEVI Vs. RAJENDRA MAHTO

JUDGEMENT

(1.) The instant writ petition is under Article 227 of the Constitution of India, wherein order dtd. 18/6/2012 passed in Title Appeal No. 11 of 2010 by the Principal District Judge, Bokaro is under challenge, whereby and whereunder, the petition filed under Order XLI, Rule 27 read with Sec. 151 of the CPC has been rejected seeking leave of the appellate court to adduce the certified copy of the Sale Deed No. 2610 dtd. 17/11/2006 as additional evidence for just decision of the question involved in the suit.

(2.) The fact leading to filing of the instant petition is that a declaratory suit has been filed being Title Suit No. 30 of 2001, which has been dismissed being not maintainable and holding the plaintiffs not entitled for any relief as prayed for.

(3.) The petitioners/plaintiffs filed an appeal against the judgment dtd. 30/10/2001 being Title Appeal No. 11 of 2010 and an application has also been filed before the appellate court under Order XLI, Rule 27 of the CPC seeking therein leave to allow the petitioners to adduce additional evidence by way of insertion of Sale Deed No. 2610 dtd. 17/11/2006, which, according to the petitioners, is necessary for just decision of the lis.