Anil Kumar,J.: -

Heard Sri B.R. Singh, learned counsel for petitioner, learned State counsel as well as Sri M.E. Khan, learned counsel appearing on behalf of respondent perused the record.

2. By means of the present writ petition, the petitioner has challenged the order dated 18.05.2007 (Annexure No. 1) passed by Vth Additional District Judge, Sultanpur in a pending appeal by which the petitioner's application under Order 41 Rule 27 C.P.C. has been rejected.

3. Facts of the case in brief are that on 01.12.1989 one Sri Ram Raj (now deceased) executed a sale deed in favour of the petitioner's father Sri Dhanraj in a mutation case under Section 34 of the U.P. Land Revenue Act, thereafter land which is subject matter of the sale deed mutated in the name of Sri Dhanraj.

4. In the year 1987, Ramsukh, Paramsukh, Sunil Kumar, Manoj Kumar, Pawan Kumar Shiv Kumar and Jairaji have filed a suit for cancellation of the said sale deed, registered as Civil Suit No. 37 of 1987 in the Court of Munsif, Sultanpur.

5. In the said suit, in order to establish their case on behalf of plaintiffs, Smt. Jairaji (wife of Sri Dhanraj) was examined as P.W. 1.

6. On the basis of pleading, other material on re