MR. JUSTICE R.K. PATTANAIK ORDER

16.05.2025 Order No.

01. 1. Heard Mr. Mund, learned Senior Advocate appearing for the petitioner.

2. No notices are issued to the opposite parties as the matter is disposed of at the stage of admission.

3. Instant petition is filed by the petitioner challenging the correctness of the impugned order dated 25^th March, 2025 at Annexure-1 passed in connection with R.F.A. No.12 of 2024 by learned Additional District Judge, Dharamgarh, Kalahandi on the grounds stated therein.

4. Mr. Mund, learned Senior Advocate for the petitioner submits that the additional evidence in terms of under Order 41 Rule 27 CPC as per Annexure-5 was moved but it has been declined on the premise that there has been no plausible explanation offered as to what prevented him in filing such evidence earlier. The further submission is that any such additional evidence could be considered by the learned Court below at the time of final hearing and disposal of the appeal and hence, it ought not to have been rejected outrightly and therefore, the impugned order at Annexure-1 is liable to be interfered with. In support of such contention to consider additional evidence at the time of final di