GULBA Vs. ISNA

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal has been filed by the appellants being aggrieved by the judgment and decree passed on 12.07.2007 passed by the Additional District Judge, Pichhore District Shivpuri in Civil Appeal No. 16 -A/2007 whereby the judgment and decree dated 20.12.2005 passed by the Civil Judge Class -II, Khaniyadhana District Shivpuri in C.S. No. 33 -A/2003 has been confirmed and affirmed and the suit filed by the appellants for declaration and permanent injunction and for declaring the sale deed dated 06.05.1972 as null and void has been dismissed by both the courts below.

(3.) IT is stated that the sale deed in question was in possession of the respondents/defendants and therefore a certified copy of the sale deed could be produced by the appellants only after the evidence of the plaintiffs was over and though the trial court had rejected the appellants application under Order 7 Rule 14 CPC., it has considered the same but the first appellate court has committed a gross illegality in upholding the order of rejection and has refused to take the documents into consideration, contrary to the law laid down by the Supreme Court in : 1994 (4) SCC 659 Billa Jagan Mohan Reddy and another Vs. Billa Sanjeeva Reddy and others. It is stated that the Supreme Court in the aforesaid decision has stated that the document could be taken on record at any point of time provided it is relevant and went to the root of the matter, therefore the appellate court has committed illegality in affirming the rejection of the appellants' application for taking the documents on record by the trial court.