Petitioner has challenged the rejection of request of adducing the evidence in Civil Appeal NO. 65 of 1998, by rejecting an application at Exh.40. Such application is preferred under Order 41 Rule 27 of CPC. After detailed reasoning, the same has been rejected by the Appellate Bench of Small Causes Court, vide its order dated 12.3.2012. Such an order is challenged in SCA No. 4365 of 2012 which is fixed for final hearing on 18th June, 2012.
By preferring this Special Civil Application, request is mainly to stay the Civil Appeal No. 65 of 1998 pending before the Appellate Bench.
Learned advocate Mr.S.K.Bukhari appearing for the petitioner submits that in the event of non-grant of stay of appeal, petition pending before this Court may become infructous, considering the fact that the appeal is of the year 1988.
Documents which are sought to be produced came to be notice of the present petitioner in the year 2008. Request for additional evidence is moved by preferring Exh.40 application itself is at a belated stage but such a request to the Appellate Court though on merit may not hamper the case of the petitioner in Special Civil Application. But, at the same time his request for staying further proceedings of the Appellate Court does not weighe with the Court. Therefore, the Civil Application No. 5837 of 2012 stands disposed of in the above terms.
(Ms.Sonia Gokani,J) bina Top