Gautam Kumar Choudhary, J
1. Instant civil miscellaneous petition has been filed under Article 227 of the Constitution of India by the plaintiff/appellant for being aggrieved by the order passed in Civil Appeal No.16 of 2022 by District Judge- II, Nagar Untari, Garhwa by which the petition under Order XLI Rule 27 of the CPC to adduce into evidence the R.S. Khatiyan and original information obtained from the Settlement Officer, Palamau under Right To Information Act, has been rejected.
2. Plaintiff/petitioner claimed title over the land on the basis of the settlement made by the State, whereas the State claims it to be a forest land.
3. Learned trial Court rejected the petition filed under Order XLI Rule 27 of the CPC on the ground that the petitioner had failed to made the mandatory condition mentioned under Order XLI Rule 27(a) and (aa) of the CPC for adducing additional evidence.
4. It is mainly contended on behalf of the petitioner that photocopy of Khatiyan bearing R.S. Khata No.135, Plot No.01, Area 27.65 acres was filed by the petitioner in the trial Court which will be evident from the judgment at Para 9, but the same was not marked and exhibited which will be apparent from Page 15 of the judgment passed by the trial Court.
5. Learned counsel on behalf of State has failed to dispute the factual assertions made on behalf of the petitioner.
6. From perusal of the impugned judgment, it is apparent that the said document had been filed before the trial Court, but it was not formally proved and consequently, was not exhibited. Under the circumstance, learned first appellate Court fell in error to hold that the condition under Order XLI Rule 27(a) of the CPC was not fulfilled. Petitioner is permitted to bring on record the certified copy of the said R.S. Khatiyan before the learned first appellate Court.
Civil Miscellaneous Petition is accordingly, allowed. Pending Interlocutory Application, if any, is disposed of.
