NETA S/O GOPALI Vs. HANUMAN JI MAHARAJ

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-defendant challenging the order dated 05.09.2019 passed by the trial court whereby the application submitted by the petitioner-defendant under Order 8 Rule 1(A) of CPC read with Section 151 of CPC was dismissed.

(2.) Brief facts of the case are that the respondents-plaintiffs filed a suit for permanent injunction and mandatory injunction, declaration and restoration of possession against the petitioner- defendant in the year 1989. During pendency of the suit proceedings the petitioner-defendant twice filed applications under Order 8 Rule 1(A) of CPC read with Section 151 of CPC for taking certain documents on record, those applications were allowed by the trial court. However, when the evidence of petitioner- defendant was going on again the petitioner-defendant filed an application under Order 8 Rule 1(A) CPC read with Section 151 of CPC for taking some additional documents on record, the said application was dismissed by the trial court vide order dated 05.09.2019. Hence, this writ petition has been filed by the petitioner-defendant challenging the order dated 05.09.2019.

(3.) Counsel for the petitioner-defendant submitted that the trial court has committed serious illegality in not allowing the application submitted by the petitioner-defendant, as the documents submitted by the petitioner-defendant along with the application were necessary to decide the controversy involved in this matter. Counsel further submits that if the application is allowed no prejudice would be caused to the respondents- plaintiffs.