LAWS(JHAR)-2019-11-98

JAINARAYAN MAHTO Vs. NAGESHWAR MAHTO

Decided On November 19, 2019
Jainarayan Mahto Appellant
V/S
Nageshwar Mahto Respondents

JUDGEMENT

(1.) The order dated 30.05.2019 and 14.06.2019 passed in Civil Appeal No.01 of 2016 is under challenge by which the petition dated 23.01.2019 filed under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure has been rejected.

(2.) It is admitted case of the petitioner that in course of trial no such application has been filed for adducing the evidence and when the decree has been passed which is subject matter of appeal, a petition under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure has been filed for allowing the appellant-judgment debtor to adduce the additional evidence but the same has been disposed of without any reason, therefore, the present writ petition.

(3.) This Court before entering into the merit of the matter, deem it fit and proper to deal with Order XLI Rule 27 which reads as under: