Decided on April 17,2012

Vijay Krishan Rikhi And Others Appellant
Indian Insitute Of Technology, Roorkee And Another Respondents


- (1.) HEARD learned counsel for the parties and perused the record. By way of instant petition, the petitioners have challenged the order dated 10.04.2012 passed by the Addl. District Judge/3rd F.T.C., Haridwar whereby application of the appellant/petitioners for filing documentary evidence in rebuttal of the documents filed by the respondents in Civil Appeal No. 33 of 1991, has been rejected.
(2.) SUBMISSION of the learned counsel for the petitioners is that the respondent/University filed an application on 09.04.2012 for accepting some documents in the said appeal, which was allowed on the same day on Rs. 200/ - cost. Then the appellant/petitioners moved application paper no. 63 -c on 10.04.2012 with the prayer that in rebuttal they may also be permitted to file documentary evidence. This application was rejected by the Lower Appellate Court on the ground that the same are not relevant for proper adjudication of the matter. The learned Lower Appellate Court also given ground in rejecting the application that the map submitted by the appellant/petitioners is merely a photocopy, whereas the original map is already on record.
(3.) LEARNED counsel for the petitioners drew my attention to the additional issue no.1 framed by the Lower Appellate Court on 30.03.2012 which has been framed in respect of Plot No. 1397 within village Roorkee and Plot No. 584 within village Malakpur -Latifpur, whereas the documents which the petitioners intend to file, is the objection filed by the University in Case no. 45 of 1991, in which averment regarding same has been found made. It appears that the reasons given by the learned Lower Appellate Court that the papers which are sought to be filed are not, at all, relevant to the proper adjudication of the appeal pending before him, is not correct. Consequently, the writ petition is partly allowed. The order dated 10.04.2012 passed by the Lower Appellate Court is set -aside. Application paper no. 63 -c moved by the appellant/petitioners before Lower Appellate Court for taking additional evidence on record is hereby allowed on cost of Rs. 1,000/ - to be paid to the respondents before the Lower Appellate Court. The additional evidence filed by the appellant/petitioners in rebuttal, is accepted on record. The map is already part of the record. However, another prayer made by the petitioners for setting -aside the order dated 09.04.2012, whereby permission was granted to the respondents for filing documentary evidence, is rejected.;

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