REKHA Vs. ADDITIONAL CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) The petitioners had filed a Suit No. 944 of 1986 in the court of Munsif, Deoria, praying for cancellation of the sale deed dated 7.8.1984 executed by respondent no. 3, Bhagwat and for permanent injunction restraining the respondents no. 2 and 3 from interfering with the petitioners' possession over the disputed plot. The respondents contested the suit and vide judgement dated 23.9.1988, the suit of the petitioners was decreed. Respondents no. 2 and 3 filed Civil Appeal No. 208 of 1988 challenging the aforesaid judgement of the Munsif. During the pendency of the appeal, the respondents no. 2 and 3 filed an application for amendment of their written statement. By order dated 22.8.1990, while allowing the amendment, the lower appellate court made it clear that the amendment of the written statement would not entitle the parties to lead fresh evidence. However, on 28.1.1991, an application for leading fresh evidence was filed by respondents no. 2 and 3. The lower appellate court, after hearing the parties, rejected the said application on 5.2.1991. The said respondents filed Civil Misc. Writ Petition No. 9467 of 1991 challenging the aforesaid order dated 5.2.1991.

(2.) During the pendency of the aforesaid said writ petition, the respondents no. 2 and 3 filed a second application with the same prayer for filing fresh evidence. After inviting objections and hearing the counsel for the parties, the lower appellate court, on 14.10.1991, allowed the subsequent application for adducing fresh evidence. This writ petition has been filed challenging the aforesaid order of the lower appellate court.

(3.) I have heard Sri Arun Kumar holding brief of Sri R.S. Misra, learned counsel for the petitioners, as well as Sri A.C. Pandey holding brief of Sri Shashi Nandan, learned counsel for the contesting respondents no. 2 and 3.