HARI RAM Vs. VISHNU SWAROOP

JUDGEMENT

(1.) Matter comes up on the application No.19456 dt.23/04/2010 filed by the respondent No.1 with regard to maintainability of this appeal against the judgment of the learned Single Judge passed in SBCW No.5090/2007 dt.19/02/2008.

(2.) Learned Counsel for the respondent has submitted that writ petition before learned Single Judge was filed challenging the order dt.14/05/2007 [Ann.5] passed by the learned trial Court during pendency of the appeal whereby the documents were held to be inadmissible by learned trial Court in evidence. The learned Single Judge vide judgment dt.19/02/2008 allowed the writ petition setting aside the impugned order with the direction to the learned Court to consider both the documents in evidence.

(3.) Aggrieved by the aforesaid decision of the learned Single Judge dt.19/02/2008 allowing the writ petition, the respondent preferred the present appeal [intra court appeal].