After allowing additional evidence order 41 r 27 in appeal c
V.V.Ramadas
(Querist) 23 July 2018
This query is : Open
Dear Sir/Madam.
In a Partition suit the advocate for defendant has not taken plea for , barred by limitation,non-joinder necessary part, no cause of action and non-payment of proper court fee etc but at the stage of appeal the appellant taken all the above pleas and during the pendency of appeal the respondent -plaintiff has filed additional evidence( filed a new ROR-Patta where in the name of appellants daughter is find place) under order 41 Rule 27 C.P.C and the same is allowed. Can the advocate for the appellant file a petition for remand of the suit to the lower court with a permission for amendment of the pleadings as the it changed facts of the appeal.
