Nagar Parishad Alwar vs Ram Swroop And Ors
2022 Latest Caselaw 3783 Raj/2

                                             HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                         BENCH AT JAIPUR

                                                     S.B. Civil Second Appeal No. 181/1998
                                   Nagar Parishad Alwar
                                                                                                          ----Appellant
                                                                          Versus
                                   Ram Swroop And Ors
                                                                                                       ----Respondents

                                   For Appellant(s)             :     Mr. B.K. Sharma
                                   For Respondent(s)            :     Mr. R.K. Mathur, Sr. Adv. assisted by
                                                                      Ram Prasad


                                           HON'BLE MR. JUSTICE SUDESH BANSAL
                                                          Order
                                   12/05/2022

Arguments were heard in the present appeal on 29.04.2022, due to paucity of time, the Court could not pass the Judgment.

In the meanwhile, before passing the judgment, the counsel for appellant Nagar Nigam has produced certain additional documents alongwith an application (I.A. No.1/2022) under order 41 Rule 27 read with Section 151 CPC in order to show that the plot in question is a part of public utility land, being used as Park and hence, auction was rightly cancelled and now Nagar Parishad would not auction the plot in question in future. The note sheets of Nagar Nigam, Alwar in this regard have been produced on record.

The Hon'ble Supreme Court in case of Wadi Vs. Amilal & ors. [(2015) 1 SCC 677] has observed that the Court may take into consideration the additional documents, in case the documents are found genuine and relevant to throw the light on the germane issue involved in the appeal, and if additional documents are found appropriate to advance justice in the matter.

Copy of the application with additional documents has been supplied to learned counsel for respondent.

Let respondents file reply to the application. List this appeal on 18.07.2022.

(SUDESH BANSAL),J

TN/108

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