JUDGMENT :

1. Heard Shri P. Das, learned counsel for the petitioner whereas Shri A. Choudhury, learned counsel is present for the sole respondent.

2. The instant petition has been filed under Article 227 of the Constitution of India against an order dated 14.07.2022 passed by the learned Civil Judge, Nalbari in Title Appeal No. 8/2017.

3. The petitioner was the defendant in TS No. 10/2012 which was instituted for declaration of right, title and interest. The decree passed by the learned Trial Court is the subject matter of challenge in the concerned Title Appeal No. 8/2017.

4. It is the case of the petitioner that their application under Order 41 Rule 27 of the CPC for permitting adducing of evidence at the appellate stage has been allowed.

5. Thereafter, an application of file for invoking the provisions of Order 13 Rule 1(3a) of the CPC for confronting certain witnesses by some documents. The said petition was objected to by the respondent-plaintiff by filing written objection. Vide the impugned order dated 14.07.2022, the prayer has been rejected.

6. Shri Das, the learned counsel has submitted that under Order 13 Rule 1 (3a), the rigours imposed under Order 13 Rules 1 & 2 has be