RESERVED
Case :- MATTERS UNDER ARTICLE 227 No. - 2195 of 2019 Petitioner :- Poonam Yadav And Another Respondent :- Nasirullah And 11 Others Counsel for Petitioner :- Divakar Rai Sharma
Hon'ble Vivek Kumar Birla,J.
1. Heard Sri Divakar Rai Sharma, learned counsel for the petitioners.
2. Present petition has been filed for setting aside the order dated 10.1.2019 passed by the District Judge, Moradabad in Civil Appeal No. 4 of 2017 (Smt. Poonam Yadav and another vs. Nasirullah and others).
3. By the impugned order the amendment application filed under Order 6 Rule 17 CPC paper no. 127-Ga has been rejected by the appellate court on the ground that the same cannot be allowed as the facts were in his knowledge earlier and the same were not raised before the trial court. The application has been filed to delay the proceeding.
4. Submission of learned counsel for the petitioner is that the application filed by the petitioner under order 41 Rule 27 CPC for taking the additional evidence on record has already been accepted and serious prejudice would be caused in case the amendment is not permitted as the same relates to the additional evidence already accepted. He further submits that the amendment can be accepted at any stage and time and once the additional evidence is accepted, the amendment should have been allowed. He also submitted that in this regard grounds have been taken in the memo of appeal
5. I have considered the submissions and have perused the record.
6. On perusal of record I find that there is no dispute that certain documents have already been accepted on record by the appellate court as additional evidence, however, I also find that the sale deed in favour of the defendants-petitioners was declared null and void, which was executed during pendency of the suit, the relief for specific performance was granted.
7. In such view of the matter, I do not find any legal infirmity in rejection 2 of the application. I do not find any good ground to interfere in the order impugned herein.
8. Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 31.5.2019 Lalit Shukla