AI Structured Summary
Not yet generated for this judgment
Judgment
By way of the instant writ petition filed under Article 227 of the Constitution of India defendants-petitioners seek to challenge the order dated 17th July, 2017 (Annexure-7) passed by the learned Addl. District Judge No.2, Hindaun City, District Karauli in Civil Appeal No. 24/16 (22/2011) whereby the application filed by the defendants-petitioners under Order 41 Rule 27 CPC was dismissed.
Heard learned counsel for the parties.
It is contended by the learned counsel for the petitioners that the learned first appellate court has committed material irregularity and error while deciding the application under Order
41 Rule 27 CPC separately as the same ought to have been heard and decided along with the appeal.
Learned counsel for the plaintiffs-respondents has argued that the defendants-petitioners have offered no explanation for not producing the documents sought to be produced along with the application under Order 41 Rule 27 CPC, at the trial stage.
In Union of India vs. Ibrahim Uddin & Anr . (2012) 8 SCC 148 , it was held by the Apex Court that an application under Order 41 Rule 27 CPC is to be considered at the time of hearing of the appeal on merits so as to find whether the documents and/or evidence sought to be adduced have any relevance/bearing on the issues involved.
Learned counsel for the plaintiffs-respondents has not disputed the legal position as stated above.
In view of the above, the writ petition deserves to be allowed.
Consequently, the writ petition is, allowed and the impugned order dated 17th February, 2017 (Annexure-7) is set aside and the learned first appellate court is directed to decide the application under Order 41 Rule 27 CPC at the time of hearing/deciding the appeal on merits.