LAWS(UTN)-2017-7-123

JAVED Vs. SARAFAT HUSSAIN

Decided On July 25, 2017
JAVED Appellant
V/S
SARAFAT HUSSAIN Respondents

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari to call the record of First Appeal no. 24 of 2015, Javed vs Sharafat from the court of District Judge, Nainital and issue an order in the nature of certiorari to quash and set aside the impugned judgment and order dated 18.04.2017, passed by learned District Judge, Naintial, in First Appeal no. 24 of 2015, Javed vs Sharafat.

(2.) During the pendency of civil appeal, an application under Order 41 Rule 27 was filed by the defendant-respondent. The same was objected to by the plaintiff-petitioner-appellant. Learned lower appellate court inferred that the documents enclosed therewith seem to be necessary for just decision of the appeal and, therefore, allowed such an application under Order 41 Rule 27 CPC. Documents were directed to be kept on record. It was also directed that documents in rebuttal may be filed within 15 days. Aggrieved against the order dated 18.04.2017, passed by learned lower appellate court (District Judge, Nainital), present writ petition has been filed.

(3.) Learned counsel for the petitioner placed a decision of Hon'ble Supreme Court in Union of India vs. Ibrahim Uddin & another, 2012 8 SCC 148 and argued that application under Order 41 Rule 27 CPC should have been considered by the appellate court only at the time of final disposal of the civil appeal.