(1.) Heard Mr. U.S. Sahai, learned counsel for petitioner as well as Mr. Nipendra Mishra, learned counsel holding brief of Mr. Manish Kumar, learned counsel for opposite party no. 1 and Mr. Sandeep Srivastava, learned counsel for opposite party no. 2.
(2.) The writ petition has been filed challenging the order dated 13.1.2011 passed in Misc. Civil Appeal No. 60 of 2007 (Kailash Chandra Vs. Smt. Mohini Devi) whereby the application moved under Order XLI Rule 27 Code of Civil Procedure (for short 'the Code') for producing additional evidence has been rejected by the appellate Court.
(3.) The brief facts of the case are as under: