- (1.) Heard Sri Ashok Kumar Singh, learned counsel for the appellant, Shri Madhav Jain, learned counsel for the respondents and perused the record.
(2.) The present application has been moved by the appellant under Order 41 Rule 27 read with Section 151 C.P.C. in order to bring the following additional evidence on record :- "The appellant application no.22C/1 to 22 C/3 under order 41 rule 27 C.P.C. Purported to file additional evidence annexing with the documents was rejected by the learned VII Additional District Judge vide order dated 2.2.2009 in first appeal no.110 of 1994 on the ground that the document seeking to produce in additional evidence are the photo copies. The present supplementary affidavit and its annexure is being filed by deponent to avoid the delay. The Hon'ble Court may be pleased to the allow the same in exercise the inherent power of the court in the interest of justice."
(3.) On the said application, an order has been passed on 26.09.2013. The relevant portion of the same is quoted herein below :- "The question whether the appellate court was justified in rejecting the application of appellant under Order 41 Rule 27 CPC shall be considered at the time of hearing of the appeal. The application is rejected.";