AMAR PRAJAPATI Vs. HARVILAS

JUDGEMENT

(1.) CHALLENGE in this petition under Article 227 of the Constitution is made to an order dated 3.3.2004 by which learned Court has refused to take on record certain documents filed by the petitioner along with his affidavit under Order 18 Rule 4, CPC. Shri N.K. Gupta, learned counsel submitted that affidavit being available on record, the documents should have been permitted to be exhibited and taken on record. Refuting the aforesaid, Shri P.C. Gupta, learned counsel argued that petitioner has deliberately committed delay and no reason has been given for not filing the documents in time. Having heard learned counsel for the parties and on perusal of the records it is seen that learned Court after considering the submission made, has come to the conclusion that the documents were within the possession of the petitioner and he has not indicated any reason as to why the documents were not filed by him in time, and therefore rejected the same. Rejection of the application cannot be said to be so arbitrary that interference at this stage in the pending eviction suit is called for. Petitioner may assail final orders that may be passed against him. Accordingly, petition and MWP No. 485/04 stand rejected.