- (1.) This application is at the instance of the plaintiffs and is directed against the order No. 17 dated June 30, 2009 passed by the learned Civil Judge (Senior Division), Ghatal, District : Paschim Medinipur in Title Appeal No. 12 of 2008 arising out of the judgment passed in Title Suit No. 98 of 2004 passed by the learned Civil Judge (Junior Division), Ghatal, District - Paschim Medinipur.
(2.) The plaintiffs/petitioners filed the suit for declaration of their possession with regard to the suit property and for permanent injunction against the defendants. In that suit, the defendants/opposite parties contested the suit by filing a written statement. Upon analysing the evidence on record, the learned Civil Judge (Junior Division) dismissed the Title Suit No. 98 of 2004 on contests on April 23, 2008. Being aggrieved, the plaintiffs/petitioners filed an appeal and in that appeal they filed an application dated 12.03.2009 for marking the R. S. record of rights as exhibit and that application was rejected by the impugned order. Being aggrieved, the plaintiffs/petitioners have preferred this application.
(3.) Therefore, the short question involved in this application is whether additional evidence could be adduced at the stage of appeal under Order 41 Rule 27 of the Code of Civil Procedure.;