IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6630 of 2010 1. HOSHILA RAI S/O LATE SURAJ RAI R/O VILL & P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ Versus 1. RAM SAGAR RAI S/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 2. UPENDRA RAI S/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 3. VIDYARTHI DEVI D/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 4. MANORMA DEVI D/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 5. MEENA DEVI D/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 6. MEERA DEVI D/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 7. MOST. LALI DEVI W/O LATE RAM BISWAS RAI R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 8. RAM NARESH PANDEY S/O LATE RAJ BALI PANDEY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 9. SANJAY PANDEY S/O RAM NARESH PANDEY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 10. MANJU DEVI D/O RAM NARESH PANDEY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 11. GITA DEVI D/O RAM NARESH PANDEY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 12. INDU DEVI D/O RAM NARESH PANDEY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 13. AWADHESH CHAUDHARY S/O LAKSHUMAN CHAUDHARY R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT- GOPALGANJ 14. MANSI CHOUDHARY S/O SUGGA CHOUDHARY R/O VILL SEMRAW, P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 15. MOST. PAWDHARI DEVI W/O LATE BACHCHU CHOUDHARY R/O VILL &P.O.SEMRAW, P.S.MIRGANJ, DISTT-GOPALGANJ 16. KISHORE CHOUDHARY S/O LATE BACHCHU CHOUDHARY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 17. KANTA CHOUDHARY S/O LATE BACHCHU CHOUDHARY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 18. PARSURAM CHOUDHARY S/O LATE BACHCHU CHOUDHARY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 19. MADAN CHOUDHARY S/O LATE BACHCHU CHOUDHARY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 20. KALAWATI CHOUDHARY D/O LATE BACHCHU CHOUDHARY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT-GOPALGANJ 21. PRABHAWATI CHOUDHARY D/O LATE BACHCHU CHOUDHARY R/O VILL SISWANIA, P.S. MIRGANJ, DISTT- GOPALGANJ ----------- 2 02. 13.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondent. It is submitted that Title Suit No. 144 of 1984 was filed by the respondent Ist Set contesting that the petitioners are not the son and wife of Late Suraj Rai. The Suit came to be decreed in their favour. The petitioners then preferred Title Appeal No. 29 of 1996. During the pendency of the Appeal, the respondent Ist Set filed Partition Suit No. 156 of 2003 in which stand different than Title Suit No. 144 of 1984 was taken by them with regard to the status of the petitioners vis-à-vis Suraj Rai. A compromise was sought to be entered into. It is the plaint of this Title Suit No. 156 of 2003 of the W.S. filed by the petitioner which was sought to be brought as additional evidence in the Appeal. Learned counsel for the respondent Ist Set submits that the compromise in Title Suit No. 156 of 2003 never materialized because of which the Title Suit itself came be withdrawn and therefore it has no relevance to the present controversy at all. Upon consideration of the entirety of the matter the Court is satisfied that what was sought to be introduced as additional evidence was a subsequent development during the pendency of the Appeal having relevance to the questions involved. Order 47 Rule 27 (b) 3 vests power to do so. What shall be the evidentiary value of the document is a matter to be considered in the Appeal when it is decided on merits. The order dated 24.2.2010 is set aside. The application stands allowed. P.K ( Navin Sinha, J.)