JUDGMENT D.S. Bajpai, J. - This writ petition under Article 226 of the Constitution is directed against an order dated 31186 passed by the VII Additional District Judge, Gonda, in Civil Appeal No. 20 of 1985 by which the said Court rejected an application filed by the petitioner under Order 41, Rule 27 for permission to adduce additional evidence by way of producing Ambika Prasad and Laxmi Saran as witnesses to prove a will alleged to have been executed, by one Ram Sudhi. The reason assigned by the learned lower appellate Court in rejecting the said application was that the petitioner was guilty of delay and laches and despite the fact that he had come in appeal twice and the instant appeal had been filed before him for the third time it was at this belated stage that an application under Order 41, Rule 27, Civil Procedure Code, was filed. The Court in the circumstances justifiably held that the petitioner was not prosecuting his remedy with due care and diligence. 2. Be that as it may, I consider it expedient in the interest of justice that the petitioner should be afforded one more opportunity to adduce the evidence as envisaged in the application under Order 41, Rule 27, Civil Procedure Code, filed as annexure 7 to the writ petition in which he had prayed that the Court permit him to produce (i) Ambika Prasad, s/o Nankau, r/o Chhedi Purwa, Pargana, Tahsil and District Gonda, and (2) Laxmi Saran Clerk, s/o Sri Man Haran Tewari, as witnesses to prove the execution of the will of Ram Sudhi. I direct that on presentation of a certified copy of the order of this Court within one week from today the lower appellate court will fix a date in the first week of July, 1986 for affording the petitioner a final and last opportunity to adduce this evidence. On the failure of the petitioner to adduce evidence or to produce witnesses on that date, the court below will be at liberty to finally dispose of the appeal. With these observations the writ petition is finally disposed of. 3. Let a copy of this order be given to the learned counsel for the petitioner on payment of necessary charges by 19th May, 1986. (Petition disposed accordingly)