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2014 Supreme(All) 3838

RAN VIJAI SINGH
Anita Sharma – Appellant
Versus
Om Prakash Batra – Respondent


Advocates Appeared:
For the Petitioner:- Rahul Agarwal
For the Respondent:- Rajesh Gupta

JUDGMENT

Ran Vijai Singh, J.

Heard Sri Rahul Agarwal, learned counsel for the petitioners and Sri Rajesh Gupta, learned counsel for the respondents.

2. With the consent of learned counsel for the parties, the writ petition is taken up for final disposal.

3. By means of this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 10.9.2014 passed by Additional District Judge, Court No. 11, Meerut in Civil Revision No. 04 of 2010 (Smt. Anita Sharma and others Vs. Om Prakash Batra and another) by which the petitioners' application no. 35-Ga filed under Order 41 of Rule 27 of Code of Civil Procedure (in short 'C.P.C.) for filing the additional evidence has been rejected.

4. While assailing the impugned order, Sri Agarwal submits that the impugned order is in teeth of the judgment of the Apex Court in Union of India Vs. Ibrahim Uddin and another (2012) 8 SCC 148 . The reliance has been placed upon paragraph 41 of the aforesaid judgment. In his submissions, the application of the petitioners ought to have been considered at the time of final hearing of the appeal, when after appreciating the evidence on record, the court reaches the conclusion






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