JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Heard Sri Vijay Mani Tiwari, learned counsel for the petitioners and Sri Pankaj Agarwal, learned counsel for the respondents.

2. The present petition seeks to challenge the order dated 16.04.2019, passed by the District Judge, Aligarh in U.P.U.B. Appeal No. 15 of 2017, Smt. Surendra Kaur and Others vs. Vivek Gupta and Others, whereby, the application filed by the petitioners-tenant (Application No. 11 Ga) seeking to adduce additional evidence under Order 41 Rule 27 C.P.C. has been rejected.

3. Learned counsel for the petitioners has placed reliance upon the Application No. 11 Ga, which had been filed in Appeal and submits that the petitioners evidence was required to be adduced for the reason that the earlier counsel did not effectively pursue the case and did not tender proper advise and as such it was necessary that the evidence be permitted to be adduced at the stage of appeal.

4. The court below has rejected the aforementioned contention by stating that additional evidence could only be taken as per the provisions under Order 41 Rule 27 of the Code of Civil Procedure, and lack of proper legal advice or inadvertence could not be a ground fo