JUDGMENT:

1. The present second appeal is preferred by the plaintiffs/appellants under Section 100 of the C.P.C. against judgment and decree dated 08.08.2011 passed by Additional District Judge, Janjgir, District-Janjgir-Champa (C.G.) in Civil Appeal No. 04-A/08 (Jai Prakash & others v. Onkar & others) affiring the judgment and decree passed by Civil Judge, Janjgir in Civil Suit No. 106A/2003 on 11.03.2008.

2. The instant Second Appeal is admitted for hearing by this Court on 26.04.2017 on following substantial question of law:-

Whether the learned First Appellate Court has erred in deciding the appeal without considering the application filed on 20.04.2009 under Order 41 Rule 27 of the Code of Civil Procedure, 1908 ?”

3. The brief facts, as reflected from the plaint averment, are that the plaintiff has filed Civil Suit No. 63A/98 wherein the plaintiff has claimed for declaring the order dated 14.10.1991 passed by the revenue court in case of Arra Bai v. Vishnu Prasad & others. Alternatively, it was also prayed that the plaintiff be declared half share of suit land measuring 11.20