GOVIND PRASAD Vs. FATEH LAL

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 29.11.2011 passed by the learned Additional District Judge, Bhilwara (for short 'the appellate court' hereinafter), whereby the appellate court has dismissed the application filed by the petitioner-applicant under Order 41 Rule 27 CPC.

(2.) BACKGROUND facts in a nutshell is that the appellant has preferred an appeal under Order 41 Rule 1 CPC before the learned District Judge, Bhilwara, against the judgment and decree dated 25.2.2006 passed by the learned Additional Civil Judge (Jr.Div), Bhilwara in Civil Original Suit No.40/1991, with the submissions that the father of present respondent No. 1 has filed a suit against the father of the present respondents No. 2 to 7 for eviction of a shop and during the course of proceedings, the father of the appellant died, as a result, the appellant and the respondents NO. 2 to 7 were taken on record as legal heirs of late Ram Prasad Gaggar and the present respondent No.8 mortgaged the shop before the respondent NO.1, which has already been released from the mortgage. During the pendency of the appeal, the appellant-petitioner has preferred an application under Order 41 Rule 27 of CPC including photographs of shop in question. The respondent-plaintiffs filed a reply to the application and raised objections.

(3.) THE learned trial court vide order impugned dated 29.11.2011 has observed as under: