SAROJ KANTA Vs. JAGBIR SINGH ETC

JUDGEMENT

(1.) Petitioner has assailed order dated 27.09.2011 passed by Additional District Judge, Rohtak vide which application filed by the petitioner under Order 41 Rule 27 CPC for permission to lead additional evidence was declined.

(2.) Petitioner Smt. Saroj Kanta is a subsequent vendee of part of the suit land which was subject matter of civil suit between Jagbir Singh and Chatar Singh for specific performance of agreement to sell dated 03.07.1998. Admittedly Jagbir Singh filed an application under Order 1 Rule 10 CPC for impleading the petitioner as party/defendant No.2 in the suit. However the said application was dismissed by the trial Court on 28.07.2008. Even thereafter the trial Court passed the decree against the plaintiff-Smt. Saroj Kanta and the sale deed dated 05.03.2007 executed by the Chatar Singh in favour of the petitioner was set aside.

(3.) . Petitioner filed appeal before the lower Appellate Court against the judgment and decree dated 22.10.2008. In the said appeal an application under Order 41 Rule 27 CPC was also filed seeking to adduce additional evidence in the form of farad jamabandi for the year 1999-2000 of Khewat No.7, Khatoni Nos.18, 19 of village Bhaini Chanderpal, mutation No.1777, 1778, 1828 and 1822.