Bela M. Trivedi, J. - (1.) The present petition has been filed by the petitioners/plaintiffs/appellants challenging the order dated 3/7/2014 passed by the Additional District Judge No.2, Bharatpur (hereinafter referred to as 'the Appellate Court') in Civil Appeal No.93 of 2003, whereby the Appellate Court has dismissed the applications filed by the petitioners under Order 41, Rule 27 of CPC.
(2.) With the consent of the learned counsels for the parties, the petition is decided finally at the admission stage.
(3.) It is sought to be submitted by the learned Senior Counsel Mr. J.P. Goyal for the petitioners that the applications of the petitioners for additional evidence under Order 41, Rule 27 were required to be decided by the Appellate Court at the time of hearing of the appeal in view of the decision of the Apex Court in case of Union of India v. Ibrahim Uddin & Anr, (2012) 8 SCC 148. Hence, the Appellate Court has committed an error in deciding the said applications without examining the merits of the appeal. The learned counsel for the respondent does not dispute the legal position, however submits that the petitioners keep on filing applications one after the other to delay the proceedings and the appellate court has rightly rejected the said applications.;