STATE OF RAJASTHAN Vs. T N SAHANI

JUDGEMENT

(1.) Leave is granted.

(2.) The State of Rajasthan is in appeal against the order of the High Court of judicature at Rajasthan, passed on an application filed under Order 41, Rule 27 c. P. C. in SBCMA 413/91. We are not adverting to the merits of the case because the matter has to be decided by the High Court. Suffice it to mention that the said application under Order 41, Rule 27 as well as another application under order 6, Rule 17 praying for amendment of the grounds of appeal, were filed by the appellant in the said appeal before the High Court.

(3.) The application filed under Order 6, rule 17 came to be dismissed. Taking that aspect into consideration, the High court dismissed the application under order 41, Rule 27 also as in its view, where the amendment application of the appellant, seeking amendment of the memorandum of Appeal in respect of the documents sought to be placed on records, was disallowed, "how can the said documents be required for pronouncing the judgment or for any other substantial cause".