ETTA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant civil miscellaneous petition has been filed under Article 227 of the Constitution of India by the plaintiff/appellant for being aggrieved by the order passed in Civil Appeal No.16 of 2022 by District Judge- II, Nagar Untari, Garhwa by which the petition under Order XLI Rule 27 of the CPC to adduce into evidence the R.S. Khatiyan and original information obtained from the Settlement Officer, Palamau under Right To Information Act, has been rejected.

(2.) Plaintiff/petitioner claimed title over the land on the basis of the settlement made by the State, whereas the State claims it to be a forest land.

(3.) Learned trial Court rejected the petition filed under Order XLI Rule 27 of the CPC on the ground that the petitioner had failed to made the mandatory condition mentioned under Order XLI Rule 27(a) and (aa) of the CPC for adducing additional evidence.