- (1.) HEARD Sri Q.M. Haque, learned counsel for the petitioner and Sri D.C. Mukherjee, learned counsel for the respondent.
(2.) THROUGH the instant writ petition, the petitioner has challenged the order dated 2.8.2008, passed by the Additional District Judge, Gonda on Application No. 12 C2 ,i.e, an application to bring on record an additional evidence at the stage of appeal filed in Civil Appeal No. 67 of 2008.
(3.) THE facts of the case in brief are that the respondent no. 2 filed a regular suit being Regular Suit No 280 of 1986 for permanent injunction. Respondent/ plaintiff claimed his right and title over a piece of land of plot nos. 355 and 378 purchased by him from one Ram Prasad. He claimed that Ram Prasad had purchased it from one Maqbool. The trial court dismissed the suit on the ground that the identity of the land as claimed by the plaintiff is different to the land purchased by him as size and boundary of both the lands did not tally to each other. Aggrieved respondent/ plaintiff filed an appeal against the order of the trial court and at the stage of appeal he moved an application seeking permission to bring on record the additional evidence. The petitioner raised objection against the said application on the ground that it did not fulfill the conditions laid down under Order 41 Rule 27 of the Code of Civil Procedure ( In short C.P.C.).;