PRABHU DAYAL Vs. RAMSWAROOP

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THIS revision petition has arisen out of the following circumstances. In a suit for perpetual injunction the application filed by the plaintiffs for grant of temporary injunction was dismissed by the trial court on 24 -7 -1987 against which an appeal (Civil Misc. Appeal No. 61/87) was filed in the court of the District Jaipur, during the pendency of which the plaintiffs moved an application Under Order 41 Rule 27, CPC which was allowed by the lower court and it allowed the plaintiffs to produce additional documents vide impugned order dated 18 -2 -88. Hence this revision petition by the petitioner.

(3.) AS stated earlier, the learned trial court dismissed the application Under Order 39 Rules 1 and 2, CPC. Against the dismissal order, the non -petitioners filed an appeal and in that appeal, a registered document was filed along with the application Under Order 41, Rule 27, CPC. After hearing the parties on the said application, the lower court allowed it on the ground that the document was material and relevant for the proper disposal of the case and for deciding the real controversy.