- (1.) Heard Shri Rahul Dev Garg, Advocate holding brief of Shri Nipun Saini, learned counsel for the petitioner. The respondent no. 1, is Additional District Judge, Court No. 1, Meerut whose order is under challenge in the petition. No one responded for the respondent nos. 2 to 4, even in the revised list.
(2.) The matter being old one and as it pertained to the year 2006, the court proceeded to hear the matter on merits, on the basis of material on record and after hearing the learned counsel for the petitioner, the judgment was reserved.
(3.) By means of this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29.03.2006 passed by the learned Additional District Judge, Meerut in Misc. Appeal No. 98 of 2004 (Chandra Deo Tyagi versus Surya Deo Tyagi and another) passed on the petitioner's application for admission of additional evidence under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure (in short C.P.C.), whereby the petitioner's said application (14A/1) was rejected. The petitioner has also prayed that a direction may be issued to respondent no. 1 i.e. the Additional District Judge, Court No. 1, Meerut to allow the petitioner's application under Order 41 Rule 27 C.P.C.;