Prakash Krishna, J. - (1.) THE present revision has been filed under Section 25 of the Provincial Small Cause Courts Act 1887 against the judgment and order dated 7th August, 2006 whereby the court below has taken on record the documentary evidence filed by the plaintiff.
(2.) THE background facts may be stated in brief: The original S.C.C. Suit No. 2 of 2005 has been instituted by the plaintiff opposite party for recovery of arrears of rent, ejectment, damages and pendente lite present and future. The suit was instituted on 17th January, 2005. The written statement was filed on 3rd February, 2006. Thereafter, on 7th August, 2006, an application was filed by the plaintiff being application No. 35 -C for permission to take certain documents on record. It has been informed that the documents filed through the said application are certified copies of plaint of earlier suit between the parties, written statement, certified copies of three certificates issued by Nagar Palika and certified copy of Amin report therein. Challenging the said order, the present revision has been filed. Heard Shri Anupam Kulshrestha, learned Counsel for the applicant and Shri Surendra Tiwari, learned Counsel for the opposite party.
(3.) LEARNED Counsel for the applicant submits that in view of the provisions as contained in Order XIII Rule 1 of the C.P.C. and as interpreted by this Court in Hoti Lal and Ors. v. Additional District Judge, Khurja and Ors., 2005 (2) ARC 851, the trial court was not justified in taking the said documents on record as those documents should have been filed along with plaint.;