ASHWANI KUMAR MISHRA,J. - (1.) This petition has been filed challenging an order passed by the Additional Judge, Small Causes Court, Meerut, dated 13th November, 2017 in Original Suit No. 853 of 1999, contained in Annexure-1 to this petition.
(2.) Plaintiff respondent has instituted a suit for partition in 1999, which is pending. Twice applications for bringing on record additional evidence were moved by the plaintiff, which has been rejected by the court below. Orders in that regard have attained finality. A commission report has been submitted in the matter, against which certain objections have been filed by the defendants. In rebuttal the plaintiff has brought on record all such documents, which were earlier attempted to be brought on record as additional evidence, and the effort had failed. Such documents have been entertained by the court below vide order under challenge. This order is, therefore, challenged on the ground that the court had no jurisdiction to take on record documents, which the court had previously declined to accept by way of additional evidence.
(3.) Sri Vinayak Mithal, learned counsel appearing for the respondents, submits that most of the documents are public documents and can always be looked into. It is also stated that the documents filed are liable to be read, in so far as adjudication on the merits of the commission report is concerned.;