M.M. Kumar, J. - This petition filed under Article 227 of the Constitution of India prays for quashing of order dated 8.3.2004 allowing the application filed by the defendant-respondents under Order 41 Rule 27 of the Code of Civil Procedure, 1908 (for brevity the Code). The Ld. Addl. District Judge has also decided the appeal filed by the plaintiff-petitioner and allowed the application for additional evidence by permitting tender of evidence of Jamabandi for the year 1956-57, copy of mutation No. 60 showing that the land purchased, inter alia, by Shera vide sale deed dated 1.2.1954 and mutation No. 149 showing Teja and Mehma brothers of Shera acquiring title of land on the basis of Civil Court decree dated 8.2.1973. The controversy in the appeal is confined to the estate of Shera the father of defendant-respondent and plaintiff-petitioner.

2. Mrs. R.P. Dudeja, learned counsel for the petitioner has argued that on the correct interpretation of Order 41 Rule 27 of the Code additional evidence could be allowed in one of the following three situations :

(i) that the trial Court has refused to admit the evidence though it ought to have been admitted;

(ii) that evidence was not a