SHRIKANT Vs. RATNAWA

JUDGEMENT

(1.) An application seeking for production of the certified copy of a decree and Xerox copy of the partition deed and certified copy of the RTC's and mutations have been rejected by the Appellate Court.

(2.) The reason put forth by the Appellate Court is that the additional evidence sought to be produced by the appellant was not necessary to remove any cloud of doubt. The Appellate Court has also observed that the appellant had failed to show as to whether the Trial Court was justified in refusing the admission of evidence and has ultimately stated that as far as the compromise decree, there was nothing produced to establish that the production of the formal decree by itself would be a ground to interfere with the impugned judgment.

(3.) In my view, the Appellate Court, being the final fact finding Court ought to have afforded an opportunity to the petitioner to produce the documents which he thought was relevant and would assist him in establishing his case.