TRIJUGI NATH AGRAWAL Vs. IIIRD ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This writ petition is directed against the order dated 29.11.2000 passed by the IIIrd Additional District Judge, Mirzapur in Appeal No. 2 of 1997, Gopal Jee Agarwal v. Trijugi Nath Agarwal and Ors., rejecting the application of the petitioner dated 17.1.2000, paper No. 18 'C' moved under Order XLI, Rule 27, C.P.C.

(3.) The brief facts of the case are that plaintiff respondent No. 2 Gopal Ji Agarwal filed Original Suit No. 45 of 1999 in the Court of Munsif, Mirzapur, for ejectment of the petitioner from the shop in dispute on the ground that he was the owner and in exclusive possession of the said shop on 15.1.1990. It was stated in the suit that when the plaintiff respondent No. 2 had gone to Mathura on a pilgrimage tour, the petitioner illegally broke the lock and took the possession of the shop in dispute in the night of 11.1.1990 and respondent could know about it when he came back on 12.1.1990. It is further stated that the police had also refused to lodge the F.I.R. as they were in league with the petitioners.