(1.) Heard Mr. D.C. Mukherji, learned Counsel for the Petitioners and Mr. S.K. Mehrotra, learned Counsel for the opposite parties 2 to 7. The Petitioners have challenged the order dated 30.1.2010 passed by the Additional District Judge, Court No. 4, Faizabad in Civil Appeal No. 4 of 2010 along with other connected Civil Appeal No. 61 of 2009.
(2.) By means of order impugned the learned Additional District Judge, court No. 4, Faizabad has remitted the matter to the court below to give findings on the issue framed by appellate court after providing opportunity to the parties to adduce evidence and after summoning the proceedings register as prayed in application 45 Ga filed at the appellate stage moved by the Plaintiff/Appellant. The issues framed by the appellate court are reproduced hereinunder:
(3.) The learned Counsel for the Petitioners submits that opposite parties 2 to 7 did not make any application for summoning the proceeding register before the trial court. He pointed out that the provisions of production of additional evidence before the appellate court are provided under Section 41 Rule 27 CPC, which are reproduced hereinunder: