JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 27.11.2019 passed by the learned District & Additional Sessions Judge-I, Ghatshila in Civil Appeal No. 42 of 2018 whereby an application filed by the petitioners under Section 107(1)(d) read with Order XLI Rule 27 of the CPC for adducing additional evidence at the appellate stage has been rejected.

2. Learned counsel for the petitioners submits that Partition Suit No. 06 of 2009 was preferred by the petitioners’ mother against the defendants claiming her share over the suit land. During pendency of the said suit, the petitioners’ mother i.e. the original plaintiff died and thereafter the petitioners were substituted as the plaintiffs. The said suit was dismissed vide judgment dated 27.04.2018 passed by the Civil Judge (Sr. Div.)-I, Gahtshila. Aggrieved thereby, the petitioners preferred Civil Appeal No. 42 of 2018 before the Court of the learned District Judge-I, Ghatshila. During pendency of the said appeal, the petitioners filed two applications dated 29.05.2019 & 21.08.2019 under Section 107(1)(d) read with Order XLI Rule 27 of the CPC claiming that the said documents were not available during pe