Court No. - 38
Case :- WRIT - A No. - 19172 of 2019 Petitioner :- Surendra Kumar Verma Respondent :- Radhey Lal Counsel for Petitioner :- Rahul Sahai Counsel for Respondent :- Shahnawaz Akhtar,Rama Goel Bansal
Hon'ble Siddharth,J.
Heard Sri Rahul Sahai, learned counsel for the petitioner and Smt. Rama Goel Bansal, learned counsel appearing for sole respondent.
This petition has been filed praying for quashing of order dated 31.07.2019 passed by 1st Additional District Judge, Budaun in Rent Appeal No.08 of 2016 (Surendra Kumar Vs. Radhey Lal) and a direction for allowing application 18 Ga filed by the tenant-petitioner under Order 41, Rule 27 CPC read with Section 34 and Rule 22 of U.P. Act No.13 of 1972.
Learned counsel for the petitioner has submitted that the impugned order dated 31.07.2019 is not in accordance with law. The landlord-respondent concealed material facts and hence the documents were filed by the tenant- petitioner by way of application under Order 41, Rule 27 C.P.C, which were necessary for effective decision of the case but the court below failed to appreciate their importance.
Learned counsel appearing for the respondent has vehemently opposed the application and submitted that the proceedings before the Appellate Court below are on the verge of conclusion.
This Court does not deems it appropriate to interfere with the impugned order and the proceedings of the court below at this stage. It would be open for the petitioner to challenge rejection of his application, for bringing on record additional evidence, in case he loses from the Appellate Court, before the appropriate court at the appropriate stage.
This petition is dismissed with the aforesaid observations.
Order Date :- 21.9.2021 SS