The defendant No.3 in O.S. 226/2011 on the file of the I Addl. Civil Judge, Bellary and the appellant in R.A.79/2012 on the file of the I Addl. Senior Civil Judge, Bellary, filed this second appeal under S.100 CPC to set aside the Judgments and Decrees passed therein. The suit, which was contested, was decreed in part with costs and the plaintiffs were declared as the joint owners of the suit schedule property and were held entitled to get compensation from defendant No.2. Assailing the decree passed by the Trial Court, an appeal under S.96 CPC was filed and was registered as R.A. No.79/2012 on the file of the I Addl. Senior Civil Judge, Bellary. I.A. No.VII was filed under Order XLI, Rule 27 CPC to receive additional evidence. Said application, by an order dated 18.03.2013 was ordered to be heard along with the main appeal. Assailing the said decree, this second appeal was filed.

2. The appeal was admitted on 02.04.2014, to consider the following substantial questions of law:

“(i) Whether the First Appellate Court is justified in not considering the I.A. filed under Order 41 Rule 27 CPC by the appellant in the First Appellate Court?

(ii) Whether both the Courts have committ