- (1.) HEARD Sri Saurabh Raj Srivastava, learned counsel for the petitioners and Sri Sudeep Dwivedi, learned counsel appearing for respondents and with their consent the petition is being finally decided at this stage itself.
(2.) ON the petitioners' interim injunction application in the suit initially an exparte injunction was granted but subsequently the injunction application was rejected. The petitioners have challenged the aforesaid order dated 12.11.2010 by means of Miscellaneous Appeal No.162 of 2010 before the court below in appeal. In appeal they filed an application 15C alongwith an affidavit to take on record certain new documents which were not part of the record of the trial court for the purposes of disposal of the injunction matter. The said application has been rejected by the impugned order dated 24.9.2012.
(3.) THE submission of learned counsel for the petitioner is that the rejection of the above application on the ground that there is no provision in Code of Civil Procedure for permitting additional evidence in a miscellaneous appeal is totally erroneous.;