LAWS(APH)-2005-1-61

NAFEEZ BEGUM Vs. SALLA JOTHI

Decided On January 20, 2005
NAFEEZ BEGUM Appellant
V/S
SALLA JOTHI Respondents

JUDGEMENT

(1.) This revision petition is filed by the plaintiff in O.S.No.96 of 2002 on the file of the Junior Civil Judge, Nirmal in I.A. No.992 of 2004 in C.M.A.No.8 of 2002 dated 23-7-2004.

(2.) The revision petitioner filed O.S.No.96 of 2002 for perpetual injunction to restrain the respondents from making constructions in a site situated in front of his site abutting the road. Along, with the suit, the plaintiff filed LA. No.258 of 2002 seeking temporary injunction. On 6-8-2002 the Trial Court granted temporary injunction. Against the said order, the respondents herein, who are the defendants in the suit, filed C.M.A. No.8 of 2002 on the file of the Senior Civil Judge, Nirmal. During the pendency of the C.M.A., the petitioner herein filed I.A. No.992 of 2004 under Order 41 Rule 27 read with Section 151 C.P.C. praying the Court to receive a "certified copy of a map of land records" as additional evidence. The Senior Civil Judge dismissed the said application on 23-7-2004 holding that the conditions prescribed under Order 41 Rule 27 are not satisfied, as such the document cannot be received as additional evidence. Hence, this revision petition.

(3.) The learned Counsel for the petitioner submitted that the suit is still pending and the C.M.A. was preferred only against the interlocutory order passed by the Trial Court. Since the petitioner is not precluded from adducing oral or documentary evidence in the suit, he is entitled to file the above document in the CMA also for the purpose of consideration by the Appellate Court. Therefore, the Lower Court was wrong in dismissing the application.