J.C. Gupta, J. - (1.) Heard Sri Rajesh Tandon learned Counsel for the petitioner. Sri Vijai Bahadur has put in appearance on behalf of respondent No. 2.
(2.) This is tenant's writ petition filed against the order of District Judge, Kanpur Nagar filed dated 10.10.98 passed in the appeal filed under Section 22 of the Act by the petitioner, whereby application of the landlord-respondent for taking original Will and two affidavits on record as additional evidence has been allowed. The petitioner has been given an opportunity to file evidence in rebuttal and therefore, whether or not the Will in question has been duly executed could be contested by the petitioner by adducing his own evidence. The learned District Judge has assigned valid reasons for taking the said documents on record and at this intermediate stage of the proceedings, I am not inclined to interfere. Whether or not petitioner has been prejudiced on account of admission of additional evidence at the appellate stage, the matter may be agitated by the petitioner later on if at all the appeal is decided against him.
(3.) With these observations, this writ petition is dismissed in limine. Petition Dismissed.;