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2022 Supreme(UK) 347

MANOJ KUMAR TIWARI
Ravindra Brahamchari – Appellant
Versus
Sachcha Vedic Sansthan (Sachcha Dham) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramji Srivastava.
For the Respondent:Mr. Yash Mishra, Advocate, i/b Mr. Mr. Siddhartha Sah.

JUDGMENT :

In both writ petitions, petitioner has challenged rejection of his application under Order 41 Rule 27 CPC. Since common question of fact and law are involved in both writ petitions, therefore these are being decided together.

2. In the year 2011, two suits were filed by the respondents against the petitioner which were decreed by the Trial Court vide judgment and order dated 30.3.2016. However, on petitioner’s appeal, judgment and decree passed in both the suits were set aside and the matter was remanded back to the Trial Court. Upon remand of the matter, learned Trial Court again decreed both the suits vide judgment and order dated 2.9.2021. Petitioner challenged the judgment and decree passed in both the suits by filing Civil Appeal No. 11 of 2021 and Civil Appeal No. 12 of 2021. In both the appeals, petitioner filed application under Order 41 Rule 27 CPC seeking permission to adduce additional evidence including a Will dated 30.8.2010, alleged to have been executed by Swami Hansraji Maharaj in favour of the petitioner. By a common order dated 27.4.2022, learned District Judge rejected the said applications filed by the petitioner. Thus feeling aggrieved, petitioner has

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