SURESH SAW Vs. KALICHARAN SAW

JUDGEMENT

(1.) THIS application under Article 227 of Constitution of India is directed against the order dated 4.8.2006 passed by the Additional District Judge, Dhanbad in Misc. Appeal No. 53 of 2004 whereby he has rejected the application filed by the petitioner -appellant under Order XLI, Rule 27 CPC and refused to allow the petitioner to adduce certified copy of the pleading of Title Suit No. 17 of 1988 by way of additional evidence.

(2.) THE facts of the case lie in a narrow compass:

(3.) FROM perusal of the order, it transpires that the Court below rejected the application mainly on the ground that the decreetal property was not included in the Partition Suit and hence the documents sought to be brought on record are not required for adjudication in the appeal.