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2009 Supreme(P&H) 1414

VINOD K.SHARMA
Surjit Kaur – Appellant
Versus
Bhupinder Singh Waraich – Respondent


Judgment

Vinod K.Sharma, J.

1. This revision petition is directed against the order dated 25.1.2008 passed by the learned Additional District Judge (Adhoc) Fast Track, Jalandhar, dismissing an application moved by the petitioners under Order 41 Rule 27 of the Code of Civil Procedure.

2. The petitioners herein challenged the judgment and decree said to have been suffered by them in a suit for specific performance. The decree was challenged on the plea of fraud and mis-representation.

3. The learned trial Court did not agree with the plaintiff/petitioners and dismissed the suit.

4. In appeal, application under Order 41 Rule 27 CPC was moved to place on record additional documents, claiming that the documents were necessary for effective adjudication of the dispute between the parties and would be helpful to the Court to arrive at correct decision. The application was dismissed.

5. The learned counsel for the petitioners placed reliance on the judgment of the Honble Supreme Court in M/s Eastern Equipment & Sales Ltd. v. Ing. Yash Kumar Khanna, 2008(4) RCR(Civil) 508 : 2008(5) RAJ 565 : 2008(3) PLR 689, wherein the Honble Supreme Court has been pleased to lay down as under :-

"5. We hav


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