AJAY PAL RASTOGI Vs. SMT. POONAM RASTOGI

JUDGEMENT

(1.) Heard learned counsel for the plaintiff-petitioner and Sri Sumit Daga, learned counsel appearing for the defendant-respondent.

(2.) Present petition has been filed for setting aside the order dated 21.4.2018 passed by the Additional District Judge, Court No. 5, Meerut in First Appeal No. 530 of 1992 (Ajay Pal Rastogi v. Smt. Poonam Rastogi ). Further prayer has been made seeking direction to the court below to take the additional evidence filed with the application dated 5.8.2015 on record.

(3.) The original suit filed by the plaintiff-petitioner was dismissed on 1.5.1992. Against which Civil Appeal No. 530 of 1992 was filed. Earlier, the application was filed by the petitioner under Order 41 Rule 27 CPC for taking some additional evidence on record, which was rejected. The petitioner filed Writ C.No. 38315 of 2000 (Ajai Pal Rastogi v. The Xiii A.D.J. and another ), which was dismissed vide order dated 1.4.2015, which is quoted as under:-