CLR/82/2021
2022 Latest Caselaw 2360 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date   or directions and        COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures


                                      CLR No.82 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. T.A. Khan, Senior Advocate assisted by Ms. Divya Jaiswal, Advocate for the revisionists.

Mr. Rakesh Thapliyal, Senior Advocate assisted by Mr. C.M. Issar, Advocate for the respondent.

This is a revision which has been preferred by the revisionist by invoking the provisions contained under Sub Section (9) of Section 83 of the Waqf Act. The proceedings under the Waqf Act are governed by the provisions contained under Sub Section (8) of Section 83 of the Waqf Act, which makes a provisions of the C.P.C. applicable over the proceedings under the Act.

The present revision, will fall to be a revision under the proviso to Section 83 of Sub Section (9) of the Act. In the pending revision, the revisionist has filed an application under Order 41 Rule 27 (1)(aa) of the C.P.C. to bring on record certain additional documents which are required to be considered for the purposes of deciding the revision. The documents, which has been sought to be brought on record are rather adjudications made by the Courts, exercising its judicial powers, which has been sought to be considered at the stage when the revision itself is heard on merits.

The application is opposed by the respondents by filing an objection contending thereof that the documents, which has been filed alongwith the application under Order 41 Rule 27 of the C.P.C., will not fall within the scope of the provisions contained under Order 41 Rule 27(1)(aa) of the C.P.C., but this Court is of the view that looking to the nature of documents, which happened to be a document, rendered by the competent court, while adjudicating upon proceedings, under the provisions of the Consolidation of Holdings Act, what bearing will it have over the impugned judgment under challenge would always be a subject matter of consideration at a final stage.

In that eventuality, while allowing the application permitting the documents to be taken on record, it would be left open for the court, as well as parties, to consider these documents at the stage of final hearing of the revision.

List thereafter.

Whenever the matter is listed next, the stay application and the issue of admission of revision would be considered.

(Sharad Kumar Sharma, J.) 29.07.2022 Arti