JHUMA AND OTHERS Vs. KAMRUDDIN AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the order dated 3.9.2004 whereby the defendant-petitioners' application under Order 8 Rule 1(3) read with Sec. 151 C.P.C. was rejected by the learned trial court in suit for permanent injunction filed by the respondent plaintiffs. The petitioner-defendants sought to produce on record, during the course of his evidence, the patta relating to the disputed property in his favour and also a judgment of learned Municipal Court, Nagaur dated 5.6.1971 which could support his case during the trial.

(2.) The learned trial court has rejected the said application merely because the said documents were not produced along with the written statement nor it was in the list of witnesses and evidence filed in form No.3 and, therefore, without assigning any cogent reason the learned trial court rejected the said application of the defendant-petitioners.

(3.) Learned counsel for the respondent-plaintiffs relying on the decision of Hon' ble Supreme Court in case of Mohd. Yunus Vs. Mohd. Mustaqim and ors., AIR 1984 SC 38 submitted that supervisory jurisdiction of High Court under Art. 227 of the Constitution of India cannot be invoked to correct the error of law.