MUNGESHWAR SAHOO
Bihar State Sunni Wakf Board – Appellant
Versus
Syed Shah Taquiuddin Ahmad – Respondent
This first appeal was taken up for hearing. During the course of hearing the appellants filed an application under Order 41 Rule 27 of the Code of Civil Procedure being I.A. No. 6192 of 2011 on 8.9.2011 praying therein to allow the appellants to produce the additional evidence. A counter affidavit to the said application was filed by the respondents on 19.9.2011. Thereafter both the parties were heard at length on this interlocutory application under Order 41 Rule 27 C.P.C. Both the parties submitted that although substantially the appeal itself has been heard but because during the hearing of this appeal this interlocutory application has been filed the same may be disposed of prior to the passing judgment in the first appeal on merit.
2. The learned counsel for the appellants submitted that in the interest of justice and for doing substantial justice the documents which are sought to be adduced as additional evidence should be allowed. According to the learned counsel the appellant is a waqf board and some of the documents which are sought to be produced were not in possession of the waqf board and, therefore, it is essential that the application may be allowed. The learned c
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