SARDAR DASTUR SCHOOLS TRUST Vs. ADIL JAMSHED FRENCHMAN

JUDGEMENT

(1.) HEARD learned Advocates for the parties. Perused the records.

(2.) THE petitioners are challenging the order dated 5-1-2000, passed by the III Additional District Judge, Pune, in Civil Appeal No. 306 of 1999, allowing the application dated 20-11-1999 filed by the respondents under Order 41, Rule 27 of the Code of Civil Procedure, 1908 (for short, "c. P. C"), in the said Appeal.

(3.) FEW facts relevant for the decision are that, the petitioners filed Civil Suit No. 705 of 1998 in the Court of Small Causes, Pune, for possession of the premises in occupation of the respondents on the ground that the petitioner-Trust requires the suit premises for expansion of the school building. The claim of the petitioners was contested by the respondents. After considering the evidence on record, the trial Court decreed the suit on 29-1-1999, and aggrieved by the same the respondents preferred Civil Appeal No. 306 of 1999. During the pendency of the Appeal, the respondents filed the said application seeking leave of the lower Appellate Court to produce the additional evidence. The application was objected to by the petitioners. After hearing the parties, the lower Appellate Court allowed the same in the following terms: