S.B.CIVIL WRIT PETITION NO. 8746/2008 (Nnak Ram vs. Sm.t Vimla Devi & Ors.) DATE OF ORDER : 20/11/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Pankaj Kumar Bohra, for the petitioner. This writ petition under Article 227 of the Constitution is directed against the order dated 8/7/2008, whereby, the learned first appellate court has allowed the application of the plaintiff under Order 41 Rule 27 seeking to adduce certain additional documents. Learned counsel for the defendant petitioner submits that the said application could not be considered at the appellate stage before final hearing of the appeal itself relying upon the decision of Hon'ble Supreme Court in case of State of Gujarat & Anr. vs. Mahendra Kumar Parshottambhai Desai – AIR 2006 SC 1884 in which in para 12 it has been held that the High Court rightly rejected the applications filed by the State for adducing additional evidence at the stage of appeal which was intended only to fill up the lacunae in its case. If the learned counsel for the defendant petitioner contends is right then the very purpose of Order 41 Rule 27 would be rendered otiose. If in the wisdom of first appellate court it was found relevant to take on record the additional documents on record by allowing the application under Order 41 Rule 27, the said order cannot be challenged under Article 227 of the Constitution of India without first appellate court deciding the objections about relevancy of the documents itself at the time of hearing of the appeal itself. Mere allowing the application under Order 41 Rule 27 does not mean that appeal has been allowed. It is needless to say that defendant shall be free to raise his objections about additional documents taken on record at the time of final hearing of the appeal itself. However, the impugned order dated 8/7/2008 allowing the application under Order 41 Rule 27 does not require any interference. The writ petition is found to be devoid of merit and the same is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.1 baweja/-