JAYARAMDAS AND SONS Vs. MIRZA RAFATULLAH BAIG

JUDGEMENT

(1.) Leave granted.

(2.) A suit for issuance of permanent preventive injunction was filed by the plaintiff-appellants against the defendant-respondents. The suit was dismissed by the trial Court. The decree has been maintained by the First Appellate Court as also by the High Court. Feeling aggrieved, the plaintiff-appellants have filed this appeal by special leave.

(3.) The only submission made by Shri V. R. Reddy, the learned Senior Counsel for the appellants, is that the First Appellate Court has committed a grave error of law in rejecting the application filed by the appellants under Rule 27 of Order XLI of the Code of Civil Procedure, 1908. It is submitted that if only the application would have been allowed, the additional evidence sought to be brought on record by the appellants would have made a material difference in the findings arrived at by the First Appellate Court and the rejection of the application has occasioned a failure of justice.