written statement and also denied the relationship of the plaintiff and defendant, either in the legal notice or in the plaint averments by filing the written statement. Therefore, the plaintiff not chosen to file any other documents before the trial court, hence, it was inadvertently dismissed. It is also submitted, that there was oral agreement between the plaintiffs and defendant in respect of lease property. On perusal of the bank statement of Canara Bank, which reveals on various dates, the defendant had paid Rs.34,650/- per month, including the maintenance in various bank account entries shown by the appellant counsel, where the defendant names are reflected and he has paid 34,650/- towards the rent. However, it was shown as irregular payments. If this document was produced before the trial court, it could have resolved the issue and it could have been accepted by the trial court, but it was not filed by the plaintiff, as there was no contest from the respondent side. Therefore, these documents are necessary for this court to decide the issue. Accordingly, I.A.No.1/2024 filed under Order 41 Rule 27 read with section 151 of CPC requires to be allowed. Hence, I.A.No.1/2024 is allowed.
