Namita Prasad & Others vs Ajay Kumar & Another
2021 Latest Caselaw 512 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Appellate Jurisdiction)
                  F.A. No. 255 of 2017
                        ........

Namita Prasad & Others .... ..... Appellants Versus Ajay Kumar & Another .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellants : Mr. Shashank Shekhar, Advocate.

For the Respondents          :
                                   ........
11/03.02.2021.

I.A. No. 5908/2020 has been filed on behalf of the appellants to adduce additional evidence under Order XLI Rule 27 of the Code of Civil Procedure.

Learned counsel for the appellants has submitted that though utility bill-cum-notice and photocopy of office note dated 19.11.86 related to holding no. 428, Sonari, West new layout area are on record, but due to inadvertence, the same have not been exhibited, which is necessary for adjudication of the case and as such, I.A. No. 5908/2020 has been filed under Order XLI Rule 27 of the C.P.C. to mark these documents as exhibits, though the same has not been served upon the respondents.

Learned counsel for the appellants has placed reliance on the judgment passed by the Apex Court in the case of Union of India Vs. Ibrahim Uddin and Another reported in (2012) 8 SCC 148 (Para-85.7), which is quoted hereunder:-

"85.7 The first appellate court committed a grave error in deciding the application under Order 41 Rule 27 CPC much prior to the hearing of the appeal. Thus, the order allowing the said application is liable to be ignored as the same had been passed in gross violation of the statutory requirement."

Learned counsel for the appellants has further submitted that the first appeal has been admitted on 20.07.2018 and notice have been issued upon the contesting respondents, which were considered to be validly served vide order dated 19.12.2019, as such this interlocutory application may be heard at the time of final hearing of the first appeal.

Considering such submissions, let I.A. No. 5908/2020 be heard at the time of hearing the first appeal, but since this interlocutory application has not been served upon the respondents, let notice be issued upon the respondents in I.A. No. 5908/2020, under both process i.e. under registered cover with A/D as well as under ordinary process, for requisites etc. must be filed within two weeks.

(Kailash Prasad Deo, J.) Sunil/-