Court No. - 4 Case :- WRIT - C No. - 760 of 2010 Petitioner :- Ram Bharosey Lal & Ors. Respondent :- Veer Pal & Ors. Petitioner Counsel :- V.S. Kushwaha Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
It is submitted that application filed by the defendantsrespondents
under Order 41 Rule 27 of the C.P.C. at the appellate stage on the
day when the appeal was fixed for hearing, has wrongly been
allowed by the court below without there being any cogent and
satisfactory reason spelled out in the application for not being able to
file the document before the trial court. Reliance in support of the
contention has been placed on a decision in the case of Ghurahu
vs. Civil Judge (Senior Division)/J.S.C.C., Gorakhpur & others,
2004(57) ALR 227.
Primafacie from a perusal of the record, there appears to be force in
the submission and the matter needs scrutiny.
Issue notice to the respondents, who may file counter affidavit.
Steps be taken by registered post within ten days.
Office shall issue notices returnable at an early date.
List for admission after service of notice on the respondents.
Till the next date of listing, further proceedings of civil appeal no. 14
of 2002 pending before the Additional District Judge, Court No. 2,
Budanu shall remain stayed.
Order Date :- 11.1.2010
nd