Mr. Mungeshwar Sahoo, J.

1. Heard the learned counsel, Mr. Kaushal Kishore Mishra for the petitioner and learned counsel, Mr. Chandra Kant for the respondents except respondent No.10 and the learned counsel, Mr. Parth Gaurav for the respondent No.10.

2. Perused the impugned order dated 06.11.2015 passed by 4th Additional District Judge, Siwan in Title Appeal No.38 of 2010 whereby the learned lower appellate court has rejected the application under Order 41, Rule 27 C.P.C. filed by the defendant-appellant-petitioner.

3. From perusal of the impugned order, it appears that lower appellate court has rejected the application only on the ground that the documents were not produced before the lower court and this application has been filed after lapse of more than 18 years from the date of filing the suit being Title Suit No.252 of 1996.

4. The Hon'ble Supreme Court in the case of Union of India v. Ibrahim Uddin and another, 2013 (1) PLJR 48(SC) : (2012) 8 Supreme Court Cases 148 has held that “an application under Order 41, Rule 27 C.P.C. is to be considered at the time of hearing of appeal on merits so as to find whether the documents and/or the evidence sought to be adduced have any