Krishna Murari, J. - (1.) This petition is directed against the order dated 13.12.1999 passed by Civil Judge (Senior Division), Gorakhpur in Civil Appeal No. 63 of 1993 rejecting the application under Order XLI, Rule 27, C.P.C. filed by the petitioner to produce certain additional evidence.
(2.) Briefly stated, the facts of the case are as follows : The petitioner and respondent No. 4 filed Original Suit No. 342 of 1985 for partition claiming two third share in the property in dispute. The trial court vide judgment dated 27.3.1993 dismissed the suit. The petitioner filed civil appeal before the respondent No. 1. During pendency of the appeal, an application under Order XLI, Rule 27 of the C.P.C. dated 11.1.1999 was filed by the petitioner to bring on record some additional evidence. The lower appellate court vide order dated 13.12.1999 dismissed the said application. Aggrieved by the same, the petitioner has preferred this writ petition.
(3.) I have heard Sri R. C. Singh, learned counsel for the petitioner and Sri Manoj Kumar holding brief of Sri Rajeev Chaddha, learned counsel for respondent Nos. 2 to 5.;