UNION OF INDIA Vs. IBRAHIM UDDIN

JUDGEMENT

(1.) MRS. Poonam Srivastava, J. Heard Sri Subodh Kumar, learned Counsel for the appellant and Sri V. B. Singh Senior Advocate, assisted by Sri Mohd. Isha Khan for the plaintiff-respondent.

(2.) COUNSELS for the parties agreed that the appeal be heard finally at the initial stage itself. The lower appellate Court record was summoned on 20-10-2005. On 5-4-2006 Sri C. B. Gupta Advocate filed his Vakalatnama on behalf of Cantonment Board, Agra subsequently a cross-objection was preferred on 13- 4- 2006 but no arguments were advanced on behalf of the Cantonment Board, Agra.

(3.) SUBSEQUENTLY the documents were taken back after seeking permission from the Court in accordance with provisions of the Code as it was required in some other proceedings. The said documents have been filed in this appeal. Acceptance of the documents is objected by the plaintiff-appellant and an amendment application is filed to add two new grounds regarding acceptance of the documents and also framed an additional substantial question of law which is quoted below : (5) Whether the withdrawal of all documents filed by the plaintiff-contesting respondent if any violation of provisions of Order XIII Rule 9 C. P. C, if so its effect?