Amitava Roy, J.

1. Does a law of procedure mandate an inflexible rigidity in principle to refuse accommodation to substantive justice in all situations, is the question posed in the present petition. By the order impugned herein, the learned court below has permitted the respondents to file a fresh affidavit by way of evidence in, the suit pending before it. According to the petitioners on a strict interpretation of Order 17 Rule 1 of the Code of Civil Procedure (Amendment) Act, 2002 this is not permissible and therefore the said order is liable to be interfered with by this Court in exercise of its power under Section 115 of the Code and/or Article 227 of the Constitution of India.

2. I have heard Mr. H.L. Maurya, learned counsel for the petitioners as well as Dr. G. Lal, learned counsel for the respondents.

3. The essential facts are not in dispute. The respondents herein had filed a suit in the court of the learned Civil Judge Junior Division No. 1 Guwahati praying for a decree inter alia for ejectment of the petitioners from the suit premises recovery of has possession thereof and arrear of rent etc. The suit was later transferred to the court of the learned civil Judge, J