AMITAV K.GUPTA,J. - (1.) The petitioner is the original defendant in Title Partition Suit No. 87/94 and appellant in Title Appeal No. 58 of 2003 presently pending in the court of learned A.J.C XIII, Ranchi. He has filed the instant writ petition under Article 227 of the Constitution of India challenging the order dated 11.05.2017 of learned A.J.C XIII and for recalling the order dated 03.05.2016 whereby the application under Order XLI Rule 27 filed by the petitioner for marking the documents as Exhibits has been rejected.
(2.) Sans the details, it is noticed that the father of the respondent No. 1 had filed Title Partition Suit No. 84 of 1994 against the petitioner which was decided against the petitioner by judgment and decree dated 30.04.2001 and 10.05.2001 by the learned lower court. Petitioner/defendant challenged the decree in Title Appeal No. 58 of 2003, now pending in the court of learned A.J.C XIII, Ranchi.
(3.) During hearing of Title Appeal the petitioner sought for adducing additional evidence under Order XLI Rule 27 C.P.C for bringing on record previous partition deeds dated 04.07.1976 (or 04.04.1976), 23.01.1977 and 14.09.1980 alleged to be essential in adjudication of the controversial issues in the appeal. The appellate court vide order on 08.08.2012 (Annexure -I) without going into the merit of the documents permitted the documents to be kept on record observing that their relevancy shall be considered at the time of final hearing of the appeal.;