PRIYASHI AASHI DEVELOPERS PRIVATE LIMITED Vs. MITRAJYOTI DEKA

JUDGEMENT

(1.) Shri Shyam Divan, learned Senior Advocate appearing on behalf of the petitioner, relies upon the documents produced by way of additional documents which is part of Volume-III. Unfortunately, the papers of Volume-III are not circulated and therefore, this Court has had no opportunity to go through the documents containing Volume-III. It is reported by the Advocate-on-Record that it has been e-filed two days back and due to paucity of time it might not have been circulated.

(2.) We have come across many matters in which the Advocates-on-Record are filing the applications for additional documents only at the time of hearing of the Special Leave Petition(s) though the Special Leave Petitions are filed much earlier.

(3.) Normally, all documents if any, which, according to the counsel for the petitioner, are relevant and/or material and which are part of the proceedings before the Court, shall have to be filed along with the Special Leave Petition itself particularly when reliance is placed on the said documents. Even additional documents which were not filed before the High Court on which the counsel for the petitioner proposes to rely, in that case also, a proper application is to be filed well in advance seeking permission to file additional documents which can be considered after considering Order 41 Rule 27 of the CPC when applicable. By not filing the application for additional documents at the time of filing the Special Leave Petition but filing the same at the last moment and on the previous day of the posting of the Special Leave Petition and many a time late in the evening causes great inconvenience to the Court. It is also found that, many a time, application for additional documents reach late in the night of the previous day of the hearing of the Special Leave Petition although those documents were part of the record of the impugned judgment and which should have been filed along with the Special Leave Petition.