IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18923 of 2010 MD.AHSANUL HAQUE Versus THE STATE OF BIHAR & ORS ----------- 4 6.5.2011 Petitioner is plaintiff who sought for a relief for correction of the entry made on Municipal Survey record as the same according to the plaintiff the plot of the plaintiff was wrongly recorded in the survey record in the name of the State of Bihar, P.W.D. Department. The State of Bihar filed a W.S. wherein it was stated that the land has been acquired and therefore, the name of the State of Bihar has been entered in the Municipal survey record. After considering the pleadings of the parties and evidence on record the trial court dismissed the W.S. against which plaintiff filed appeal which is pending in which the petitioner moved application under Order 41 rule 27 (a a) of C.P.C. for filing additional evidence which is a government letter,i.e. issued by the Executive Engineer to Municipal Commissioner by which the Executive Engineer, P.W.D. has been informed that the land with respect to the plot no.2121 has not been acquired. Thus, evidence goes to the rout of the matter. Therefore, this aspect has not been considered by the appellate court while passing the impugned order. Therefore, impugned order 18.8.2007 is quashed. Therefore, the trial court is directed to consider the application under Order 41 Rule 27 (a a) of C.P.C. after giving opportunity of hearing to all the parties in the light of the 2 observation made above. AnilKrSinha ( Prakash Chandra Verma, J.)