I. P. Mukerji, J.

Re. CAN 8245 of 2016

This is an application by the respondent/husband under Order 41, Rule 27 of the Code of Civil Procedure. He wants to adduce additional evidence at the stage of this appeal. It is submitted on behalf of the respondent/applicant that a decree for dissolution of the marriage was passed by the court on 17th June, 2009. Many years after that, on 31st July, 2013, a 498A petition filed by the appellant/wife was finally decided by the criminal court acquitting the respondent/husband. He wants to adduce this judgment and decree as evidence on his behalf in the appeal. Furthermore, it is submitted that by an order dated 30th April, 2011 by the court below permanent custody of the daughter was granted to the father.

2. Mr. Bhattacharya, learned counsel for the appellant/wife submits that his client has preferred an appeal from that order which is pending in this court.

3. However, Mr. Rwitendra Banerjee for the respondent/husband wants to adduce evidence of the judgment and decree granting permanent custody to the husband.

4. Order 41, Rule 27 (aa) in our opinion relates to evidence, which the parties wish to adduce at the stage of appeal in existen