JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S.K. Ghosh, the learned counsel appearing on behalf of the Petitioner and Mrs. P. Bhattacharya, the learned counsel appearing on behalf of the respondents.

2. This is an application under Article 227 of the Constitution challenging the order dated 27.7.2022, whereby the application under Order XLI Rule 27 (1) (b) read with Section 151 of the Code of Civil Procedure,1908 (for short the Code) praying for allowing the Plaintiff/the Appellant to adduce additional evidence to prove original Sale Deed No. 2983/2009 and Sale Deed No. 2984/2009 was rejected on the ground that the Plaintiff/Appellant was trying to patch up the lacuna in adducing the evidence during the trial which resulted in dismissal of the suit. It was also observed by the First Appellate Court that the Plaintiff side has failed to show any ground to allow the petition under Order XLI Rule 27 of the Code.

3. The learned counsel for the Petitioner has submitted that the First Appellate Court while passing the impugned order failed to take into consideration the stage at which an application under Order XLI Rule 27 (1) (b) of the Code is required to be taken up for consideration. He