ASHA RANI & OTHERS Vs. BHUPENDRA KUMAR

JUDGEMENT

(1.) By means of present writ petition, petitioners seek to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.05.2013 passed by the learned Appellate Court, Haridwar in Civil Appeal No. 15/2011, Smt Asha Rani and other vs. Bhupendra kumar.

(2.) The sole ground taken by the petitioners while challenging the order impugned in the present civil writ petition is that an application under Order 41 Rule 27 of CPC is to be considered at the time of hearing of appeal on merits, so as to find out whether the documents or the evidence sought to be adduced have any relevance on the issue involved or not. The order impugned was passed on filing the application by the petitioners before the Lower Appellate Court. The Lower Appellate Court dismissed such an application, after inviting objection from the respondent.

(3.) This Court is not entering into the merits on application under Order 41 Rule 27 CPC as to whether the additional evidence thus intended to be filed by the petitioners deserves to be accepted or not .