1. Shri Neeraj Dubey, learned counsel for the petitioner.

2. Heard.

3. This petition filed under Article 227 of the Constitution of India is directed against the order dated 8.11.2017 whereby the application filed by the defendants No.1 and 2 under section 151 of the Code of Civil Procedure is allowed by the Court below and Shri Surendra Gaur is permitted to be examined on behalf of defendants No.1 and 2 being a witness to the Will.

4. Learned counsel for the petitioner assailed it on the ground that the Court below by order dated 26.10.2017 Annexure P-2 closed the evidence and fixed the matter for final hearing on 13.10.2017. The defendants No.1 and 2 filed an application under section 151 of the Code of Civil Procedure on 3.11.2017 and the said application was erroneously allowed by the Court below.

5. Learned counsel for the petitioner submits that a plain reading of application Annexure P-4 shows that the date and source of information regarding the availability of the proposed witness Shri Surendra Gaur is not pleaded and established. Thus, the defendant has not shown 'due diligence' before the Court below. Hence, the Court below has wrongly allowed the application by the imp