Writ petition challenging an additional evidence order was dismissed as withdrawn after the petitioner was granted liberty to raise the issue in the pending appeal.
Liberty to raise the issue of additional evidence in the pending Title Appeal before the higher forum if an adverse order is passed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 1470 of 2018
1.Harun Rasid, 2.Naim Ansari, 3.Md. Khalil Ansari, 4.Bhunee Bibi. … … Petitioners
-V e r s u s-
Sahjogni Devi … Respondent.
CORAM: - HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
For the Petitioners: - M/s. Amar Kumar Sinha and Abhas Kumar Pandey, Advocates.
09/18.06.2019 Mr. Amar Kumar Sinha, learned counsel appearing for the petitioners has submitted that in the instant writ petition, the order dated 15.02.2018, passed in Title Appeal No. 13 of 2013 is under challenge, whereby and whereunder petition filed by the defendant under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure has been allowed by which the additional evidence in course of the appeal has been allowed, even though no pleading to that effect has been made in the written statement.
However, he submits that now the Title Appeal has been posted for delivering the judgment, therefore, he is not pressing this writ petition and prays that liberty maybe accorded to raise the issue, which has been raised in the instant writ petition, in case of any adverse order is passed in the aforesaid Title Appeal and challenged in the higher forum.
In view thereof and taking into consideration the submission advanced on behalf of the learned counsel for the petitioners, the prayer made by him is allowed.
This writ petition is, accordingly, dismissed as withdrawn and disposed of.
However, it is open for the petitioners to raise the legal issue in case of any adverse order is passed in the aforesaid Title Appeal before the higher Forum.
(Sujit Narayan Prasad, J.)
APK
Harun Rasid and others
Sahjogni Devi
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
