Anshuman Singh, J. - (1.) This petition has been filed under Article 226 of the Constitution of India for quashing the order 25-2-1987 passed by the VIIth Additional District Judge, Varanasi, denying the petitioner an opportunity of proving certain documents.
(2.) The facts giving rise to this petition are that Respondent No. 2 filed a suit for arrears of rent and ejectment against the petitioner on the ground of appears of rent. It appears that an ex parte decree was passed against the petitioner for ejectment and arrears of rent. The petitioner feeling aggrieved against the aforesaid order preferred a revision under Section 25 of the Small Causes Courts Act before the District Judge, Varanasi. During the pendency of the revision the petitioner moved an application for adducing additional evidence on the ground that the same could not be filed in the Trial Court and the said documents were absolutely necessary for proper adjudication of the case. The learned. Additional District Judge after hearing Counsel for the parties allowed the said application and permitted the petitioner to adduce additional evidence. The petitioner filed certain documents and those documents were denied by Respondent No. 2. Therefore, an application was filed on behalf of the petitioner that she may be permitted to prove those documents and Respondent No. 1 by the impugned order rejected the said application.
(3.) When the writ petition was filed in view of short controversy involved in the case the Court was of view that instead of admitting the writ petition it should be finally disposed of and the petitioner was directed to serve Respondent No. 2. Mr. S.N. Singh has appeared on behalf of Respondent No. 2 but no counter affidavit has been filed. With the consent of learned Counsel for the parties the writ petition is being disposed of under Chapter XXII, Rule 2 of the Allahabad High Court Rules at the admission stage.;