PRABHAVATI PARAB Vs. COMMUNIDADE OF MAPUSA

JUDGEMENT

(1.) By this Writ Petition, the Petitioner has challenged the Order dtd. 23/9/2021, whereby on an application moved by the Respondents for placing on record a document, the same has been allowed. While allowing the document to be produced, the District Court has specifically observed that the question as to whether the said document is relevant or not will be decided after proper opportunity is given to the parties to comment upon the same.

(2.) The learned Counsel appearing for the Petitioner invited attention of this Court to the Judgment and order dtd. 19/3/2021 passed in Second Appeal No. 107/2011, whereby the Appeal was disposed of by directing the District Court to permit the parties to lead evidence both oral as well as documentary in the context of application for condonation of delay. According to the learned Counsel appearing for the Petitioner, this has to be read with the observation made in paragraph 11 of the said Judgment and Order concerning the allegation of collusion or fraud made in the facts and circumstances of the present case.

(3.) According to the learned Counsel for the Petitioner, the document permitted to be placed on record is wholly irrelevant to the question of collusion/fraud while deciding the application for condonation of delay. According to the learned Counsel for the Petitioner, the District Court could not have allowed such irrelevant material to be placed on record.