- (1.) Learned senior counsel appearing for the petitioner submitted that the present writ petition has been preferred against the order passed by learned Additional District Judge, Fast Track Court-V, Dhanbad dated 24th July, 2010 in Title Appeal No. 86 of 2009, whereby the additional evidence laid by the present petitioner (appellant in Title Appeal No. 86 of 2009) has been ordered to be considered at the time of final hearing of the said appeal.
(2.) Having heard learned Counsels for both sides and looking to the facts and circumstances of the case, it appears that: (i) The mother of the respondent nos. 4, 5 and 6 has instituted Title (Eviction) Suit No. 24 of 1996 mainly on the ground of default in payment of rent. The suit is decreed and, therefore, the present petitioner has preferred Title Appeal No. 86 of 2009 before the lower appellate court. (ii) It further appears from the facts of the case that one of the substituted plaintiffs has entered into compromise with the petitioner, during the pendency of the title eviction suit. Thus, document is to be presented before the lower appellate court and, therefore, the present petitioner (appellant in Title Appeal No. 86 of 2009) has preferred an application (iii) It further appears that this application has been disposed of and it has been decided that the contention raised by the appellant to produce additional evidence will be decided at the time of final hearing of the title appeal. (iv) Learned counsel for the respondents submitted that the document, which is presented by the petitioner (appellant in Title Appeal No. 86 of 2009) ought to be considered as per Order XLI Rule 27 of the Code of Civil Procedure at the time of final hearing. To this proposition of law, learned senior counsel for the petitioners has no objection, but, it is vehemently submitted by learned senior counsel for the petitioner that the document presented before the lower appellate court ought to be considered and and it cannot be brushed aside because it is presented at
(3.) In view of the aforesaid facts, the document, which is presented by the petitioner (appellant in Title Appeal No. 86 of 2009) i.e. compromise entered into between one of the plaintiffs and the petitioner shall be considered as per provision of Order XLI Rule 27 of the Code of Civil Procedure, at the time of hearing of Title Appeal No. 86 of 2009.;