CMPMO No.257 of 2008. 24.11.2008 Present: Ms.Jyotsna Rewal Dua, Advocate, for the petitioner. None for the respondents. Petitioner herein is aggrieved against the order passed by the learned Additional District Judge, Sirmaur at Nahan on 27.6.2008 dismissing the application moved by the plaintiff-petitioner herein under Order 41 Rule 27 of the Code of Civil Procedure. Notice of this application was issued to the respondents who have been duly served, but nobody has put in appearance on their behalf. The grievance of the petitioner herein is that the learned Court has exercised jurisdiction against law and that the case should have been decided along with main appeal and not in piecemeal manner. In State of Rajasthan vs. T.N. Sahani and others, (2001)10 SCC 619, the Supreme Court has laid down that the decision on the application under Order 41 Rule 27 is to be taken at the time of decision of the main appeal and the application cannot be disposed of piecemeal. To similar effect is the judgment of this Court in CMPMO No.281 of 2004, titled: Himanshu vs. Bishan Dutt and Other, decided on 23.8.2005. This petition is accordingly allowed. Order passed by the learned Additional District Judge dated 27.6.2008 is quashed and set aside. A direction is issued that the application shall be considered by the learned appellate Court alongwith the main appeal and shall not be disposed of in piecemeal as has been done in the present case. All interim orders shall stand vacated. All miscellaneous applications are disposed of. November 24, 2008 (Dev Darshan Sud) (aks) Judge.