RAJESH JAISWAL Vs. AMIT SHYAM

JUDGEMENT

(1.) HEARD Sri Saurabh Raj Srivastava, learned counsel for the petitioners and Sri Sudeep Dwivedi, learned counsel appearing for respondents and with their consent the petition is being finally decided at this stage itself.

(2.) ON the petitioners' interim injunction application in the suit initially an exparte injunction was granted but subsequently the injunction application was rejected. The petitioners have challenged the aforesaid order dated 12.11.2010 by means of Miscellaneous Appeal No.162 of 2010 before the court below in appeal.

(3.) THE submission of learned counsel for the petitioner is that the rejection of the above application on the ground that there is no provision in Code of Civil Procedure for permitting additional evidence in a miscellaneous appeal is totally erroneous.