- (1.) HEARD on admission. This intra Court appeal is directed against the order dt. 11.11.2014 passed by the learned Single Judge of this High Court, whereby he has dismissed the appellant's S.B. Civil Writ Petition No. 9731/2014.
(2.) THE appellant is facing eviction proceedings at the instance of respondent -landlord before the Rent Control Tribunal. And at the stage of final arguments, the appellant filed an application under Order 8 Rule 1(3) and Section 151 CPC for taking certain documents on record. The Tribunal rejected the application on the ground that the documents sought to be taken on record were in possession of the landlord at all times and there was no plausible justification for failure to file them alongwith reply to the eviction petition in 2008. Aggrieved the appellant filed S.B. Civil Writ Petition No. 9731/2014, which the learned Single Judge has dismissed by the impugned order. The operative part of the order reads as follows: - "In my considered opinion, the 'Tribunal was correct in holding that in the event the documents are taken on record at the belated stage, it would have caused delay in disposal of the eviction petition pending for six years and then at the stage of final hearing. The order of the Tribunal under Order 8 Rule 1(3) CPC is discretionary in nature and unless such a discretionary order is palpably erroneous or illegal it does not warrant interference under the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. No situation obtains in the present case." After hearing counsel for the appellant, we find ourselves in complete agreement with the view taken by the Rent Control Tribunal and the learned Single Judge. The appellant will however, be at liberty to raise the ground of dismissal of his application for taking additional documents on record in appeal before the Rent Control Appellate Tribunal, if any adverse order is finally passed against him in the main eviction proceedings. With the above observation, the appeal is dismissed summarily.;