MOST DEORANI KUER Vs. MUNDRIKA CHAUDHARY

JUDGEMENT

(1.) The petitioners, who are the appellants in Title Appeal No. 01 of 2011, are aggrieved of order dated 03.08.2013 by which their application under Order XLI Rule 27 CPC has been dismissed by the appellate Court.

(2.) Title Suit No. 86 of 2002 was instituted by the petitioners for a decree for declaration of their right, title and interest over half of the suit properties and for a decree for declaration that the gift deed dated 22.04.1996 and the registered sale-deed dated 25.09.2000 are illegal, fraudulent and void ab initio. The suit was dismissed by judgment dated 07.12.2010. The petitioners have challenged this judgment in Tittle Appeal No. 01 of 2011. In the pending appeal, pleading that the land comprised under Plot No. 601 within Khata No. 59, area about 1.50 acres was purchased through sale-deed dated 12.07.1993 in the name of Ram Prasad Choudhary, but from the joint family fund, an application seeking leave of the court to produce the sale-deed dated 12.07.1993 as additional evidence was filed by them. This application has been dismissed by the appellate Court holding that the sale-deed dated 12.07.1993 would have no bearing on the pending appeal.

(3.) Mr. Vijay Shankar Prasad, the learned counsel for the respondents has supported the impugned order.