Judgment

Mrs. Rekha Mittal, J.:- Challenge in the present petition has been directed against order dated 13.08.2019 (Annexure P-9) passed by the Additional District Judge, Ludhiana whereby application filed under Section 151 of the Code of Civil Procedure, 1908 (in short ‘CPC’) for deciding the application under Order 41 Rule 27 CPC prior to deciding the main appeal has been dismissed.

2. The petitioner/plaintiff filed suit for declaration that he is joint owner in possession to the extent of 1/6 share in property unit No.B-XXIII- 79/1 (80/56/P-155) situated in Industrial Area, Ludhiana and Will dated 11.07.1997 set up by defendant No.1 alleged to be executed by deceased Sohan Lal Sahnan is forged and does not confer any title in favour of respondent No.1. The trial Court returned findings in favour of respondent No.1 in respect of aforesaid Will and consequently suit filed by the petitioner was dismissed. The decree passed by the trial Court became subject matter of challenge in first civil appeal pending before the Court of Additional District Judge, Ludhiana. In the appeal, the petitioner filed an application for adducing additional evidence in respect of information received