RAM SINGH KUSHWAHA Vs. SMT. MADHUBALA

JUDGEMENT

(1.) It appears that in a suit for injunction filed by the plaintiffs respondents, an application for grant of temporary injunction was also moved, whereupon an order of injunction was passed on 10th Aug., 2011. Aggrieved against it, the defendants have filed a misc. appeal under Order 43 Rule 1 of CPC. In the pending appeal, the defendant petitioner has moved an application under Sec. 151 C.P.C. bringing on record certain documents, which has been rejected by the court below on 13th Sept., 2012. Thus aggrieved, the defendant has filed the present writ petition.

(2.) Perusal of the record goes to show that the lower appellate court has rejected the application primarily on the ground that the application filed by the defendant fails to meet the requirement of Order 41 Rule 27 CPC, and consequently, the application itself cannot be entertained.

(3.) Learned counsel for the petitioner submits that the provisions of Order 41 Rule 27 C.P.C. will not be attracted in the facts of the present case, as no decree as yet has been passed, and the suit is yet to be adjudicated by the trial court, and therefore, the order rejecting the application is bad in law.