DIVISIONAL FOREST OFFICER Vs. ASHOK TSHERING BHUTIA

JUDGEMENT

(1.) This court while examining a regular first appeal vide Order dtd. 12/4/2022 in R.F.A. No 09 of 2020 came to the view that certain vital issues had not been considered by the learned Trial Court. Accordingly, this court invokes the provision of Order XLI Rule 25 of the Code of Civil Procedure, 1908 (CPC) and framed three issues for trial. the learned Trial Court was directed to examine these three issues in terms of Order XLI Rule 25 CPC, conduct a trial to ascertain the issues, take additional evidence, if required, and return the evidence to this court together with its findings and the reasons therefore, within a period of six months from the date of the first appearance of the parties as directed.

(2.) Pursuant to the said direction it transpires that the revisionist moved an application under Order VIII Rule 1 A(3) read with Sec. 151 CPC before the learned Trial Court seeking to rely upon five documents enumerated in paragraph 2 of the application on the ground that this court had vide Order dtd. 12/4/2022 directed as above and that these documents were pertinent to the issues framed by this court.

(3.) A written objection was filed by the respondent herein. The respondent was of the view that the revisionists had failed to explain the delay in filing the documents; that there were no pleadings to sustain the relevance of those documents in the context of the issues framed; and that the revisionists had failed to show how these documents were relevant to the issues framed by this court.