ORDER 1. Heard finally. 2. By this miscellaneous petition under Article 227 of the Constitution, the appellant in the pending F.A has challenged the order dated 14.1.2019 whereby the first appellate Court has rejected the application under Order 41 rule 27 of the CPC (wrongly noted as Order 21 rule 27). 3. Learned counsel for petitioner submits that the court below has rejected the application without looking into the documents which was sought to be produced along with the application because the impugned order refers to the documents which are not enclosed with the application. He further submits that the application under Order 41 rule 27 of the CPC was required to be decided at the time of hearing of the appeal, but the appeal has been kept pending and the application has been rejected. 4. Learned counsel for State has supported the impugned order. 5. Having heard the learned counsel for parties and on perusal of the record, it is noticed that the petitioner has enclosed the list of documents on page 27 of the present petition which was sought to be produced along with the application under Order 41 rule 27 of the CPC and these documents are bank challan and the panchanama whereas the lower appellate court has rejected the application mentioning the that the petitioner was seeking to file the photographs, C.D etc. It appears that the lower appellate court has not properly looked into the documents which were sought to be produced. 6. That apart, in terms of the judgments in the matter of State of Rajasthan v. T.N.Sahani [ 2001(10) SCC 619 ], M/s. Eastern Equipment and Sales Ltd. v. ING. Yash Kumar Khanna [ AIR 2008 SC 2360 ], Lallu and Anr. v. Kallu and anr. [ 2000(I) MPJR 58 ] and Jyoti(Smt.) v. Jainarayan and others [ 2018(1) RN 34 ], the application under Order 41 rule 27 of the CPC was required to be decided at the time of hearing the appeal finally. Hence, the order dated 14.1.2019 is set aside and the court below is directed to decide the application under Order 41 rule 27 of the CPC in accordance with law taking note of the judgments mentioned above.