Belam, Trivedi, J.— The present appeal has been filed by the appellant-defendant challenging the order dated 5.9.2011 passed by the Addl. District Judge (Fast Track) No.6, Jaipur City, Jaipur (hereinafter referred to as ‘the appellate court’) in Civil Regular Appeal No.909, whereby the appellate court has set aside the judgment and decree dated 9.3.2009 passed by the Add1. Civil Judge (JD) West Jaipur City, Jaipur (hereinafter referred to as ‘the trial court’) in Civil Suit No.12/95 and allowed the application of the respondent-plaintiff for taking additional documents on record under Order XLI Rule 27 of CPC subject to payment of cost of Rs.2,000, and further directed the trial court to decide the suit afresh after granting opportunity to both the parties to produce the evidence in rebuttal in respect of the said documents.

2. In the instant case it appears that the respondent-plaintiff had filed the suit seeking eviction of the appellant-defendant from the suit premises, which suit was dismissed by the trial court vide the judgment and decree dated 9.3.2009. The respondent being aggrieved by the said decree had preferred the appeal before the appellate court. During the