RAHELA KHATUN Vs. FAYEZUDDIN SHAH

JUDGEMENT

(1.) This appeal arises out of an order rejecting the appellants' prayer for taking additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civil Procedure.

(2.) Leave was granted to consider the question whether the High Court Division mis-directed itself in holding that additional evidence would only be allowed if the Court was not able to pronounce judgment without the same. In other words whether the High Court Division considered the provision of Order 41, rule 27 C.P.C. correctly.

(3.) The respondent filed Miscellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transferred holding.