Bharati Sapru, J. - (1.) This writ petition has been filed against an order dated 26.2.1996 passed by the Appellate Court on an application made by the petitioner under Order 41 Rule 27 (aa) of the Code of Civil Procedure.
(2.) The facts of the case are that the petitioner had filed a suit for permanent injunction against defendants which was registered as Suit No. 1336 of 1984, Gobardhan Prasad v. Ram Pratap Pandey seeking relief that the defendant respondent be restrained from making any unauthorized construction of the land of the plaintiff and further for demolition of unauthorized construction made during the pendency of the suit. The suit was decreed against the petitioner on 12.10.94.
(3.) Being aggrieved by the judgment and decree dated 12.10.94, the petitioner filed a Civil Appeal No.103 of 1994. It is during the appeal that the petitioner filed his application under Order 41 Rule 27 (aa) of the C.P.C. by which he sought to adduce additional evidence.;