MAHIPAL SINGH AND ANOTHER Vs. SMT. NISHA GUPTA

JUDGEMENT

(1.) By means of present writ petition, the petitioners seek writ in the nature of certiorari quashing the impugned order dated 05.12.2015, passed by learned I Addl. District Judge, Dehradun, in civil appeal no. 71 of 2011, Mahipal Singh vs Nisha Gupta. A prayer has also been sought quashing the impugned order dated 10.09.2014, passed by learned V Addl. District Judge, Dehradun, in civil appeal no. 71 of 2011, Sri Mahipal Singh vs Smt. Nisha Gupta, and be pleased to allow application 27C of the petitioners. A further direction has been sought to direct learned lower appellate court to proceed and act in furtherance of order dated 17.10.2011 in recording of additional evidence following the provisions of order 41 Rule 28 CPC.

(2.) It is the case in which a sale deed filed by defendants-appellants (petitioners herein) was permitted to be taken on record, with the consent of plaintiff (respondent herein), but when the petitioners wanted to examine the executor of the sale deed, during the course of hearing, the same was denied by learned court below and, hence, present writ petition.

(3.) It is the submission of learned counsel for the respondent that the sale deed, which was filed by the petitioners, was executed after the judgment and decree was passed by the trial court. Learned counsel for the respondent, therefore, contends that any document, which was not before the trial court cannot be permitted to be filed before the appellate court. But, in the instant case, the said document was permitted to be taken on record with the consent of the respondent.