ARINDAM SINHA, J. - (1.) his second appeal is from judgment dated 31st January, 2006 of the 8th Court of Civil Judge (Senior Division) at Alipore in Title Appeal no.50 of 2001. The defendants in the suit are the appellants.
(2.) The second appeal was admitted on the following substantial question of law. "Whether the learned court of appeal below committed substantial error of law in relying upon additional evidence taken before the learned first appellate court below after allowing an application under Order 41, Rule 27 of the Code of Civil Procedure by not giving opportunity to the present appellants to give evidence on rebuttal in clear violation of Order 41, Rule 28 of the Code?"
(3.) The facts, so far as they are relevant for the purpose of adjudication of this appeal, are that the respondents sued for recovery of possession on the ground that lease dated 18th September, 1964 stood determined by efflux of time limited thereby. The suit was decreed by the Trial Court. The Appellate Court affirmed the judgment and decree but in doing so had allowed additional evidence to be produced by the respondents.;