JUDGMENT 1. - Heard learned counsel for the parties. Perused the impugned order. In the facts and circumstances of the present case I do not find any jurisdictional error having been committed by the learned trial court while dismissing the application under Order 41 Rule 27 CPC. The petitioner if aggrieved by the dismissal of his appeal would be at liberty to raise this ground in any second appeal that may be preferred against the judgment and decree. 2. Subject to the above, this writ petition is accordingly dismissed.Writ Petition Dismissed. *******