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2024 Supreme(Jhk) 262

SUJIT NARAYAN PRASAD
Basudev Dutta @ Basudeo Dutta, S/o. Binay Kumar Dutta – Appellant
Versus
Edus Birdget Collette, D/o. Late R. W. Collette – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Atanu Banerjee, Mr. Rohit Basak, Mr. Suman Ghosh.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Pursuant to the order dated 12.04.2024, the report has been furnished on 18.04.2024 by the learned Registrar General (I/c.)

2. It is evident from the aforesaid report that on the direction of Hon’ble the Acting Chief Justice, the show-cause notice has been issued upon the concerned employees of the concerned Sections, namely, Sri Shailendra Kumar Sonu, S.O. cum Dealing Assistant I/c and Sri Akhilesh Kumar, Dealing Assistant and replies to the said show-cause notice have been submitted which are under consideration.

C.M.P. No. 362 of 2023

Prayer

3. This is an application under Article 227 of the Constitution of India, for quashing of the order dated 06.02.2023 passed by the learned District Judge-IV, at Chaibasa in Civil Appeal No.02/2021 whereby and whereunder the application filed on behalf of the petitioner/appellant under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (in short ‘CPC’) for adducing additional evidence at the appellate stage has been rejected.

Brief Facts of the Case

4. The case of the plaintiff/petitioner(herein) in short is like that the Title suit no.06 of 2005 has been filed by the plaintiff/petitioner for declaration of

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