Prashant Kumar, J.

1. This writ application is directed against the order dated 6.8.2008 passed by Additional District Judge-1st, Garhwa in Title Appeal No. 8 of 2003, whereby and whereunder application of petitioner/appellant under Order XLI. Rule 27 read with Section 151 of CPC for additional evidence rejected.

2. It appears that plaintiffs filed a partition suit bearing Title Partition Suit No. 5 of 1987 for partition of lands pertaining to khata Nos. 17 and 55, details of which given in Schedule A of the plaint. It further appears that the said suit was decreed. It then appears that an appeal filed against the judgment and decree, passed by the learned trial Court, before the Patna High Court Ranchi Bench. Ranchi vide FA No. 95 of 1996 R. However after amendment of pecunary jurisdiction of District Judge for entertaining appeal, the aforesaid First Appeal transferred to the Court of learned District Judge, Garhwa for disposal. Accordingly, same was renumbered as Title Appeal No. 8 of 2003. It further appears that during the pendency of aforesaid title appeal, appellant/petitioner filed an application under Order XLI, Rule 27 for adduction of additional evidence and prayed th