Ritu Bahri, J.

Civil Misc. No.3257-C of 2016

During the pendency of this appeal, learned counsel for the appellants has filed the instant application under Order 41 Rule 27 read with Section 151 CPC seeking permission to lead additional evidence. By way of this application, he wants to produce sale deed dated 29.12.2000, whereby plaintiff-Sahab Singh had sold 05 Kanals of land to Suresh Kumar, Madan Lal, Jawahar Lal and Subhash Chand and had introduced four strangers to Khewat No.263 Min. The sale consideration was Rs.2,75,000/-. Learned counsel for the appellants contended that the plaintiff has gone against the basic principles of pre-emption. He also wants to produce on record Aks Shajra of village Rawa, Had Bast No.239 showing the location of the land, which is the subject matter of this suit, where right of preemption has now been given to plaintiff-respondent No.3.

2. Reply to this application was filed by plaintiff-respondent No.3 by way of affidavit dated 27.04.2016 by taking a stand that the application does not satisfy the conditions enumerated under Order 41 Rule 27 CPC and there is no explanation as to why this evidence was not led earlier. Even this application