BAL KISHUN SAO Vs. MD. USMAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) There is an interim order operating since 19.02004 wherein proceedings in Title Appeal No. 43 of 1996 pending in the Court of 6th Additional District Judge, Giridih has been stayed. On the previous occasion counsel for the petitioner was present, however, since there was no representation on behalf of the respondents, the matter was adjourned.

(3.) Petitioner is aggrieved by the order dated 25.09.2003 passed in Title Appeal No. 43 of 1996 where-under the application under Order 41, Rule 27 of the Code of Civil Procedure for adducing additional evidence of certified copies of two sale deeds dated 01.01976 and 212.1978 have been rejected. Learned Appellate Court after discussion on the application of the petitioner and taking note of the background facts has held that such additional evidence could not be allowed at that stage rather that can be considered at the time of final hearing of the Appeal. Petition under Order 41, Rule 27 of the Civil Procedure Code was, however, rejected directing the parties to come ready for hearing of the appeal on 12.11.200