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2004 Supreme(SC) 371

A.R.LAKSHMANAN, R.C.LAHOTI
Jayaramdas and Sons – Appellant
Versus
Mirza Rafatullah Baig – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. A suit for issuance of permanent preventive injunction was filed by the plaintiff-respondents against the defendant-appellants. The suit was decreed by the trial court. The decree has been maintained by the First Appellate Court as also by the High Court. Feeling aggrieved, the defendant-appellants have filed this appeal by special leave.

3. The only submission made by Shri V.R. Reddy, the learned senior counsel for the appellants, is that the First Appellate Court has committed a grave error of law in rejecting the application filed by the appellants under Rule 27 of Order XLI of the Code of Civil Procedure, 1908. It is submitted that if only the application would have been allowed, the additional evidence sought to be brought on record by the appellants would have made a material difference in the findings arrived at by the First Appellate Court and the rejection of the application has occasioned a failure of justice.

4. Before the First Appellate Court, the appellants sought to tender in evidence three documents which are certified copies of public records. The application was rejected by the Appellate Court forming an opinion that the













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