SAMBUDDHA CHAKRABORTI,J. - (1.) This application under Article 227 of the Constitution of India is directed against order no. 39 dated February 21, 2011 passed by the learned Civil Judge (Sr. Div), Birbhum in Title Suit No. 103 of 2004 rejecting the petitioner's application for adducing further evidence.
(2.) About 16 years after the institution of the suit, the plaintiff filed an application in the Court below alleging inter alia that some of the documents which were originally filed on September 19, 2006 by way of a First have not been proved and that it was necessary to adduce further evidence to prove those documents. The plaintiff further prayed that after the conclusion of the evidence of the defendants an opportunity might be given to him to prove those documents.
(3.) The defendants in the Court below filed a written objection to the said application. The specific point taken by the defendants was that the evidence of the plaintiff have been concluded long ago and the plaintiff could be permitted to adduce further evidence at such a belated stage. The plaintiff was, in fact, trying to fill up the lacunae by filing this application and this application had been according to the specific provision of law. The defendants prayed for a rejection of this application.;