LOUIS PAIVA Vs. NAGAR PALIKA PARISHAD SAHARANPUR

JUDGEMENT

(1.) HEARD Sri M. K. Gupta, counsel for the petitioner and Sri C. K. Parekh appearing for the respondent No. 1. Learned counsel for the petitioner submits that the respondent Nos. 2 and 3 are only proforma respondents and no notices need be issued to them. Learned counsel for the parties have agreed that the writ petition be disposed of finally without inviting counter-affidavit.

(2.) BY this writ petition the petitioner has prayed for quashing the order dated 23.8.2007, passed by the Additional District Judge by which the affidavit filed by the petitioner annexing certain Government orders and other papers have been refused to be accepted.

(3.) SRI C. K. Parekh appearing for the respondent No. 1 refuting the submissions of counsel for the petitioner, contended that the petitioner having not satisfied the conditions for admitting the additional evidence as laid down under Order XLI, Rule 27 of the Civil Procedure Code, no error has been committed by the District Judge in rejecting the application. He further submits that the petitioner did not appear before the Estate Officer hence he has no right to adduce evidence. He submits that the appeal be decided on merits. He submits that it is only at the time of final decision of the appeal, the question of accepting evidence can be looked into.