ORAL JUDGMENT

Date : 12-09-2024 The present writ petition has been filed seeking the following relief:-

“1. That this is application on behalf of the Defendants 5th Set/Petitioner for quashing the order dated 11.9.2015, passed by the learned 4th Addl. District Judge, Bhagalpur, in Title Appeal No.137 of 2012, as contained in Annexure-4, whereby the learned Judge has allowed the Plaintiffs' application dated 24.7.2015 for taking genealogical table as additional evidence under Rule 41(aa) and (b) of the Code of Civil Procedure at appellate stage without giving correct provision of Rule.”

2. The learned counsel for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi v. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another v. Chhabi Na