- (1.) Leave granted.
(2.) This Appeal is directed against the Final Order dated 18th December, 2008, passed by the Gujarat High Court in Special Civil Application No. 15203 of 2008 for setting aside the order of the learned Additional Senior Civil Judge dated 18.10.2008. It appears that witnesses had been examined in the suit and arguments had already been advanced. While the matter was kept for Judgment, an application was filed on behalf of the Appellants herein to bring on record certain documents which have been described at Page 52 of the SLP Paper Book. It has been submitted by Ms. Shobha, learned Advocate appearing for the Appellants, that these documents were discovered in the circumstances mentioned in the application and that an application had been filed before the trial court to allow the appellant to exhibit the same in the pending Suit No.218 of 1992. Another application was also filed for taking additional evidence on the basis of the said documents. The prayers made on behalf of the appellant in both the petitions were rejected by the learned Trial Court by its impugned Order dated 18.10.2008 on the ground that there were no pleadings in the plaint with regard to the documents, nor had the appellants/plaintiffs tried to produce any evidence with regard to the documents now being sought to be introduced. It was also indicated that if the documents were admitted in evidence, it would require the proceedings of the suit to be re-opened which would further delay the final disposal thereof.
(3.) The High Court in the petition filed under Article 227 of the Constitution by the Appellants/Plaintiffs against the said Order accepted the reasoning of the Trial Court and dismissed the said petition on the ground that no case had been made out for interference.;