Shree Chandrashekhar, J. - (1.) The petitioners who are appellant nos. 2 and 3 in Title Appeal No. 09 of 2015 are aggrieved of order dated 07.02.2018 by which their application under Order XLI Rule 27 CPC has been rejected.
(2.) Plea urged on behalf of the petitioners is that once the trial court has dismissed the suit on the ground that the plaintiffs have failed to adduce documentary evidence on their claim, it became more so necessary for them to produce documents which would establish their right, title and interest over the suit property and, therefore, application for adducing additional evidence cannot be rejected.
(3.) Title Suit No. 10 of 2007 was instituted by Kali Charan Ram and his legal heirs for a decree for declaration of their right, title and possession over schedule 'A' property and for confirmation of their absolute possession over the suit lands. The suit was dismissed by an order dated 31.07.2015. In the suit 9 issues were settled; one of the issues was whether the plaintiffs have valid right, title and possession over the suit lands and whether the sale-deeds executed in favour of plaintiff nos. 2, 3 and 4 confer valid right and title over them. During the trial the parties led oral as well as documentary evidence; the plaintiffs have examined nine witnesses and produced four sale-deeds and rent receipts issued between 1989 to 2006. The defendants have also led evidence and produced Hukumnama, settlement receipt, Zamabandi receipt, Zamabandi register etc. to claim their right, title and possession over the suit land. Against the judgment in Title Suit No. 10 of 2007 the plaintiffs; plaintiff no. 1 has died during pendency of the suit, have filed Title Appeal No. 09 of 2015 in which an application under Order XLI Rule 27 CPC for producing certain documents has been filed by the appellants. This application has been dismissed by the appellate court.;