ALTAMAS KABIR, A.K.PATNAIK
Rukaiyabibi Ahmed Ali Ismail – Appellant
Versus
Musa Ismail Mahmed Khusal – Respondent
ORDER :
1. Leave granted.
2. This Appeal is directed against the Final Order dated 18th December, 2008, passed by the Gujarat High Court in Special Civil Application No. 15203 of 2008 for setting aside the order of the learned Additional Senior Civil Judge dated 18.10.2008. It appears that witnesses had been examined in the suit and arguments had already been advanced. While the matter was kept for Judgment, an application was filed on behalf of the Appellants herein to bring on record certain documents which have been described at Page-52 of the SLP Paper Book. It has been submitted by Ms. Shobha, learned Advocate appearing for the Appellants, that these documents were discovered in the circumstances mentioned in the application and that an application had been filed before the trial court to allow the appellant to exhibit the same in the pending Suit No. 218 of 1992. Another application was also filed for taking additional evidence on the basis of the said documents. The prayers made on behalf of the appellant in both the petitions were rejected by the learned Trial Court by its impugned Order dated 18.10.2008 on the ground that there were no pleadings in the plaint with regard to
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