Yashodabai And Ors vs Umashanker Gupta And Ors

Sanjay K. Agrawal, J

By the impugned order dated 26/07/2019, the application filed by the defendants under Order 8 rule 1A (3) of the CPC has been allowed by learned

First Civil Judge Class II, Raigarh and certain documents have been taken on record, against which this writ petition under Article 227 of the

Constitution has been preferred by the petitioners/plaintiffs.

Learned counsel appearing for the petitioners/plaintiffs would submit that the trial Court is absolutely unjustified in granting the application filed by

the defendants for taking documents on record as the said documents are not at all necessary for proper adjudication of the suit and moreover, the

application has been filed belatedly.

I have heard learned counsel for the petitioners at length and perused the records thoughtfully.

Learned trial Court has assigned sufficient and valid reasons for allowing the application under Order 8 rule 1A (3) of the CPC filed by the

defendants for taking documents on record, as the defendants' evidence has not yet commenced. In view of that, the impugned order granting the

application filed by the defendants cannot be interfered with in exercise of jurisdiction under Article 227 of the Constitution of India.

The writ petition deserves to be and is accordingly dismissed. No cost(s).