D.P.MOHAPATRA, S.RAJENDRA BABU
Mahavir Singh – Appellant
Versus
Naresh Chandra – Respondent
JUDGMENT
Rajendra Babu, J.-Leave granted.
2. This appeal arises out of an order made by the High Court in a revision petition filed under Section 115 of the Code of Civil Procedure, 1908 by which it allowed an application filed by the respondents-plaintiffs under Order XLI, Rule 27 read with Section 151 CPC by setting aside the order dated 24-12-1999 passed by the learned District Judge, Gurgaon, refusing to permit the respondents-plaintiffs to adduce additional evidence by the said application. The respondent-plaintiffs filed a suit for (i) specific performance of the agreement to sell dated 30-1-1995, (ii) delivery of vacant possession and (iii) a declaration that the defendant No. 1 was an absolute owner of the land measuring 102 kanals and 14 marlas as described in the plaint. In pursuance of the said agreement, it is alleged that the defendants submitted on 7-2-1995 an application to the Income Tax Department for obtaining clearance for sale of the said land which was signed by the plaintiff No. 1 and defendant No. 1 along with certain other documents attached thereto. After trial, the trial Court dismissed the suit against which a regular appeal was filed. In the course of th
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