Hon'ble BHAGWATI, J.—Challenge in this appeal is to the order dated 30th August, 2010, whereby the learned Additional District Judge No. 2, Jaipur District, Jaipur allowed the appeal and set-aside the judgment and decree dated 1st September, 1990, while passing an order on four applications filed under Order 41 Rule 27 of CPC.

2. Heard the learned counsel for the appellants and carefully scanned the relevant material on record including the impugned order.

3. The only crucial question springing for consideration in the instant appeal is as to whether the learned appellate court has power to set-aside the judgment and decree passed by the learned trial Court while passing an order on an application under Order 41 Rule 27 of CPC?

4. Learned counsel for the appellants canvassed that the learned appellate Court had power to allow the application and take the additional evidence or document on record under Order 41 Rule 27 of CPC, but was not empowered to set-aside the judgment and decree passed by the learned trial Court. Thus the impugned order is contrary to the express provisions of Order 41 Rule 27 of CPC and the judgment and decree of the lower court could not be set-aside. H