ASHOK KUMAR Vs. ANIL KUMAR YADAV

JUDGEMENT

(1.) The only issue which has resulted in filing of the instant writ petition is that the petitioner's right to file rebuttal to the documents filed by the respondents before the Appellate Court has been rejected by the Trial Court. Facts of the case reveal that a suit for permanent prohibitory injunction was filed by the petitioner in which an application for temporary injunction was also filed and the same has been finally rejected against which a Misc. Appeal has been preferred in which an application for interim injunction was filed upon which a an ad-interim direction was issued by the Appellate Court. Objections were filed by the respondents to the said application in which certain fresh documents were brought on record which was never canvassed before the Trial Court. An application was filed by the petitioner before the Appellate Court with a prayer not to take these documents on record but the same has been rejected by the Appellate Court. However, another application came to be filed by the petitioner in which he sought permission to file counter/objection for rebutting the documents filed by the respondents alongwith objection filed against the interim order passed by the Appellate Court. Even though Trial Court has not passed any final order but he has rejected the application without indicating any valid reasons. No detailed order has been passed by the Appellate Court.

(2.) Heard learned Counsel for the parties and perused the materials on record. Two folds prayer have been made by the petitioner firstly, that permitting additional evidence to be taken on record is nothing else but an utter disregard of the procedure prescribed under the provisions of Order XLI, Rule 27 of the Code of Civil Procedure, 1908 (in short C.P.C.). Secondly, even if it is presumed that the Court can take on record any material at the appellate stage, the petitioner has right to rebut those by filing counter to that which right has been refused.

(3.) Before proceeding with the case it is relevant to quote the provisions contained under Order XLI, Rule 27 of C.P.C. which runs as follows: