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Judgment
The instant application arises out of a judgment and decree dated 31st January, 2017 passed by a learned Single Judge in C. S. 300 of 2009. The applicant herein, being the appellant, was the plaintiff before the learned Trial Court. In the instant application, apart from seeking stay of operation of the impugned judgment and decree, the applicant is also seeking leave under Order XLI Rule 27 of the Code of Civil Procedure, 1908 in order to rely upon the documents contained under Annexures D, E, F and G.
So far as Annexure D is concerned, we find that this document was disclosed by the learned Advocate on Record of the defendants, being the respondents herein, during the pendency of the suit. We are, therefore, of the view that the document as contained under Annexure D is required to be considered by us at the time of hearing of the appeal along with Annexure E (partly) and Annexure F. So far as the other documents as contained under Annexure E (the remaining part) and Annexure G (fully) are concerned, the same shall be considered at the time of hearing of the appeal upon taking into consideration the objection sought to be raised by the defendants/respondents herein.
The Advocate on Record of the appellant shall take steps to expedite the hearing of the appeal by preparing formal paper books which shall include all papers that were considered by the learned Single Judge as well as the papers placed before us. Since the defendants/respondents have entered appearance, formal service of notice of appeal, however, stands dispensed with.
The appeal shall be listed in the monthly combined list to be published for the month of April, 2018. The application for stay is accordingly disposed of.