Kapildeo Mahto And ANR v. Jadolal Sah And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8527 of 2015 ====================================================== Kapildeo Mahto & Anr .... .... Petitioner/s

Versus

Jadolal Sah & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-02-2016 Heard learned counsel Mr. Chandrakant for the petitioners.

This application under Article 227 of the Constitution of India has been directed against the order dated 08.04.2015, passed by Addl. District Judge-IVth, Bettiah, West Champaran in Title Appeal No. 54 of 2013, whereby the Court below has rejected the application under Order 41 Rule 27 C.P.C. recording a finding that none of the clause provided under Order 41 Rule 27 C.P.C. is available for the petitioners.

The Hon'ble Supreme Court in 2015 (4) BBCJ 464 SC A. Andisamy Chettiar Vrs. A. Subburaj Chettiar relying on the earlier decisions of the Supreme Court in various cases and in also the case of Union of India Vrs. Ibrahim Uddin and Another (2012) 8 SCC 148 has held that the parties can not be allowed to fill up lacuna at appellate stage as it is against sprit of C.P.C to

Patna High Court CWJC No.8527 of 2015 (2) dt.12-02-2016 2/2 allow a party to adduce additional evidence without fulfillment of either of three conditions mentioned in Rule 27 of Order 41. In such circumstances, no case for interference in supervisory jurisdiction arises.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U T