IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.86 of 2007 SHIVNANDAN MANDAL & ORS Versus UMA DEVI ----------- 02. 07.05.2008 Heard learned counsel for the petitioners. This civil revision has been filed on behalf of respondents- petitioners challenging order dated 01.12.2006 by which the learned Additional District Judge-cum- F.T.C.-1, Munger, allowed the petition filed by sole plaintiff-appellant-opposite party for producing additional evidence under the provision of Order 41 Rule 27 of the Code of Civil Procedure in Title Appeal No. 37 of 2004. This matter arises out of Title Suit No. 05 of 1992 which was filed by the sole opposite party for declaration that defendants had no right to interfere with her possession and in the alternative for a preliminary decree of partition and also for an order of injunction, etc. It appears that the said suit was dismissed whereafter the said plaintiff filed Title Appeal No. 37 of 2004 and during the pendency of the said title appeal the plaintiff-appellant filed a petition under Order 41 Rule 27 of the Code of Civil Procedure which has been allowed by the learned court below, by the impugned order. After considering all the entire materials, the learned court below had found that the registered deed of gift which the plaintiff- appellant wants to adduce additional evidence was the basis of the suit which ought to have been filed at earlier stage but as the plaintiff- appellant had mentioned in her petition that she is an illiterate lady and she was not conducting the case during the life time of her - 2 - husband so the same could not be brought at the earlier stage. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below. However, the defedants- respondents-petitioners will be at liberty to raise all objections against the said deed which they had taken in the instant case at the time of final hearing of the title appeal. With this observation this civil revision is dismissed. harish (S.N. Hussain, J.)