KRISHNA KUMAR GUPTA Vs. MD. AARIF

JUDGEMENT

(1.) The writ petition is under Article 227 of the Constitution of India, whereby and whereunder order dated 04.04.2017 passed in Title Appeal No.70 of 2015, by which, petition under Order 41 Rule 27 read with Section 151 of the C.P.C. for allowing the petitioner to file additional evidence at the appellate stage, has been rejected.

(2.) The brief facts of the case of the petitioner is that a suit for eviction being Title (Eviction) Suit No.50 of 2008, has been filed by the plaintiff/petitioner before the Munsif, Dhanbad praying therein a decree for ejectment of the defendant from the suit premises on the ground of default in making payment of rent under the provision of Section 11(1)(d) of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2001, by which, suit was dismissed, against which, title appeal has been preferred being Title Appeal No.70 of 2015 before the District Judge, Dhanbad, at this stage, a petition under Order 41 Rule 27 read with Section 151 of the C.P.C. and under Order 7 Rule 14(3) read with Section 151 of the C.P.C. for tendering the certified copy of the assessment list of the municipality and the certified copy of lease deed by way of additional evidence has been sought to be incorporated but the same, has been rejected vide order dated 04.04.2017, against which, the present writ petition has been filed invoking the jurisdiction conferred under Article 227 of the Constitution of India.

(3.) The ground as has been agitated in assailing the order dated 04.04.2017 that the said document is necessary for proper adjudication of the issue, since the appeal is in continuation with the original proceeding, therefore, the documents have been incorporated by allowing the said petition for further adjudication of the suit but having not done so, illegality has been committed by the trial Court by passing the order impugned.