M/S KISHAN KUMAR MAHENDRA KUMAR VIJAI KUMAR AGARWAL versus CIVIL JUDGE (SENIOR DIVISION) & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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M/S Kishan Kumar Mahendra Kumar Vijai Kumar Agarwal v. Civil Judge (Senior Division) & Another - WRIT - C No. 17443 of 2007 [2007] RD-AH 5967 (3 April 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble V.C. Misra, J.

This writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India being aggrieved by an order dated 18.1.2007 passed on the application of the respondents praying that the petitioner be not allowed to file fresh documentary as well as oral evidence on record at the execution stage as all the documents which the petitioner wants to bring on record relate to the period prior to the passing of the award except one paper no.17-C-3, i.e. page 14 of the ledger of the petitioner. Such document cannot be taken on record as it would be contrary to the provisions of Order 21 Rule 1 of the Code of Civil Procedure the matter has already been finally decided on merit by the Hon'ble High Court of Bombay in Appeal No.516 of 2006 between the parties and the petitioner did not appear before the arbitrator and place his defence in spite of several opportunities having been provided to him.

I have looked into the record of the case and heard learned counsel for the petitioner. Learned counsel for the petitioner has failed to show any pulpable error apparent on the face of record exists in the impugned order dated 18.1.2007.

Looking into the facts and circumstances of the case  I find that it is not a fit case for exercising my extraordinary jurisdiction under Article 226/227 of the Constitution of India. The writ petition is accordingly dismissed with no order as to costs.

April 3, 2007

Hasnain

wp.17443.07

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