NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the Petitioner has prayed for setting aside the order dated 9th June, 2011 passed in Title Suit No. 214 of 2008, whereby learned court below has allowed the Plaintiffs ' petition for filing the documents and recalling the witnesses.
(2.) THE said order has been challenged mainly on the ground that the Court has allowed the said prayer of the Plaintiffs at a belated stage after the evidences of the parties was closed. It has been submitted that the documents, which were not mentioned in the plaint, cannot be accepted at the belated stage and the Court has no jurisdiction to recall the witnesses at the belated stage. Learned counsel appearing on behalf of the Respondents, on the other hand, submitted that after the evidences of the parties were closed, the Defendants filed some documents, which were accepted by the Court giving liberty to the Plaintiffs to lead evidence in rebuttal.
(3.) THE Plaintiffs, thereafter, filed the said petition under Order VII Rule 14(3) and Order XVIII Rule 17 for accepting some of the documents and recalling the witnesses to prove the documents.;