Mr. Rajesh Bindal J.: - Challenge in the present petition is to the order dated 15.12.2008, passed by the court below, whereby in an application filed by respondent No. 1 before the learned lower appellate court, he has been permitted to lead additional evidence.

2. Briefly, the facts of the case are that respondent No. 1-Kalu Ram filed a suit for declaration that adoption deed No. 9 dated 10.5.2000 executed by Jai Ram son of Ram Chander in favour of Ram Niwas son of Matadin is a result of fraud, misrepresentation and merely a paper transaction, hence, not binding on the rights of the plaintiff-respondent No.1. Further challenge was to the release deed No. 697 dated 15.6.2000 executed by Jai Ram in favour of Ram Niwas. The parties are related to each other. The pedigree table, as is noticed by Civil Judge (Junior Division), Mahendergarh in its judgment dated 27.7.2006, is extracted below:

Dilsukh

|

Ram Chander

|

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| | | |

Matadin Kalu Ram Ramswaroop Jai Ram

|

Ram Niwas ( Plaintiff )

(Defendant No. 1)

3. The suit filed by respondent No. 1 having been dismissed, he preferred appeal before the le