Dr. Devendra Kumar Arora, J. - (1.) Heard learned Counsel for the petitioner and peruse the record of the writ petition.
(2.) This writ petition under Article 227 of the Constitution arises out of the order dated 15.9.2016 passed by Special Judge,E.C. Act in Civil Appeal No. 83 of 2009; Sant Bux v. Bindeshwari , whereby the application moved by the petitioners under Order 41, Rule 27 of the Code of Civil Procedure for receiving additional evidence in the appeal has been rejected.
(3.) A perusal of the record reveals that petitioners' father, namely, Sant Bux had preferred a suit for permanent injunction against the opposite party no.2 in the Court of Munsif (Hawali),Lucknow bearing Regular Suit No. 253 of 1988. Opposite Party No.2/Smt. Bindeshwari, wife of Ram Khelawan also filed a suit for possession against Sant Bux, which was registered as Regular Suit No. 294 of 1997. Both the suits were clubbed together and decided by II Additional Civil Judge (Junior Division), Lucknow, by the judgment and order dated 26.3.2009 whereby the suit filed by the father of the petitioners was dismissed and the suit filed by opposite party no.2 was decreed. Aggrieved by the judgment and order dated 26.3.2009, petitioners' father filed two Civil Appeals in the Court of District Judge bearing number Civil Appeal No. 82 of 2009 against the judgment and decree passed in R.S. No. 294 of 1997 and other as Civil Appeal No. 832 of 2009 against the judgment and decree passed in R.S. No. 253 of 1988.;