JUDGMENT - LODHA R.M., J.: - By this notice of motion taken out by the appellants it is prayed that the appellants be permitted to tender additional evidence marked Annexure 1' to Annexure 27' along with the affidavit of Dinesh Castellino dated 28th June, 2004.

2.The learned Senior Counsel for the appellants as well as the learned Counsel for the respondents wanted us to hear and decide this application for additional evidence before the hearing of the appeal. Ordinary the legitimate occasion for consideration of the application for production of additional evidence under Order 41, Rule 27 should be when the appeal is heard but since the learned Counsel for the appellants as well as the learned Counsel for the respondents wanted this application to be heard first before the appeal was heard, we took up the Notice of Motion for hearing.

3.We, therefore, have to consider whether the appellants may be permitted to tender additional evidence as sought for.

4.The appeal in which the application for additional evidence is made arises out of the order dated 5th October, 1998 whereby the learned motion Judge declined to grant order of temporary injunction in the suit filed by the plaintiffs f

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