Short Note : Plaintiff-respondent instituted a suit for possession of land abutting the Hospital Road, Vidisha, and also for mesne profits on the basis of title. The plaintiff alleged that the suit land was purchased by him from one Shriniwas. The defendant in spite of notice did not vacate the suit land and remove the construction of the house made by him thereon. 2. The defendant denied the claim of the plaintiff and stated that he is a tenant of the Municipality Vidisha and is in possession of the suit as tenant of the Municipal Council. It was also pleaded that the sale-deed set up by the plaintiff is hit by the provisions of section 165 of the M.P. Land Revenue Code, 1959. 3. After the trial, the trial Court dismissed the suit. This led to the filing of an appeal by the plaintiff and cross-objections by the defendant. 4. During the pendency of this appeal the plaintiff submitted an application under Order 41, rule 27 CPC on 6-1-69 whereby the sale-deed dated 20-11-62 was sought to be brought on record. This application was opposed by the defendant, but the same has been allowed by the learned Additional District Judge, Vidisha. 5. On merits the appeal of the plaintiff has been allowed and the cross-objections filed by the defendant-appellant have been rejected. The present appeal has been filed against the aforesaid judgment and decree. Held : When the application under Order 41, rule 27 CPC was allowed by the learned A.D.J., he could not have acted upon it without giving an opportunity to the defendant (respondent before him) to rebut the same. No such opportunity appears to have been given to the defendant which was mandatory. Appeal allowed. Case remanded.