2. The petitioner had filed copies of four orders passed by the Hon'ble High Court of Calcutta in the interim stage of the civil suit between the same parties herein. The contention of the petitioner was that these order copies will be necessary to decide the application for rectification. The respondent in reply contended that the petitioner had not made out a case in their favour and the petition has no merit and forcefully objected to take on record the documents (order copies).
3. We have gone through the pleadings and the documents filed which are to be taken on record. The documents are the copies of orders passed in the interim application in a civil suit. Annexure A is the order passed at the admission stage, Annexure B & C are the extension of the interim orders and Annexure D is the order passed dismissing the interlocutory application. We do not find any reason to reject the petition for taking on record the copies of the orders. The documents sought to be taken on record are not that which are not within the knowledge of the respondent so as to take the respondent by surprise. That apart, the only objection by the respondent was that they had represented before the High Court that the order passed finally dismissing the interlocutory petition should not be relied on in any court and that submission was accepted and so now this order cannot be relied on. But we find that though it was contended before us no recordal of the same in the order.
4. In view of the above, we allow the Miscellaneous Petition No. 207/2008. No order as to costs.
Disclaimer: This order is being published for present information and should not be taken as a certified copy issued by the Board.
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