SHIV NANDAN Vs. DISTRICT JUDGE UNNAO

JUDGEMENT

(1.) Heard Sri Mohd Saeed, learned counsel for the petitioners, learned Standing counsel for respondent No. 1 and Sri R. K. S. Chauhan for respondent No.s 2 to 5.

(2.) By means of the present writ petition the petitioner has challenged the order dtd. 25/8/1999 passed by District Judge, Unnao on the application for taking additional evidence under Order 41 Rule 27 preferred by the petitioner in the appeal filed by him against rejection of the application under Order 39 Rule 1 and 2 of CPC.

(3.) The facts in brief are that the petitioner on 2/9/1995 had filed a suit for permanent injunction against opposite party No.s 2 to 5 before Civil Judge (Junior Division), Purwa, Unnao. The said suit was filed by the petitioners on the basis of title wherein it was asserted that Sukhdei had sold the disputed property to Shiv Nandan, the predecessor to interest of the petitioner. Along with the plaint the petitioner had moved an application under Order 39, Rule 1 and 2 seeking to restrain the private respondents from interference in peaceful possession of the petitioner's property. In the plaint the petitioners had claimed possession on the basis of unregistered sale deed entered between Sukhdei and the petitioners. Learned trial court by detailed order rejected the application of the petitioner by means of order dtd. 3/9/1998.