AIRPORTS AUTHORITY OF INDIA Vs. ASHOK KUMAR MALHOTRA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution assails the order dated 30.4.2012 of learned ADJ whereby an application under Order 41 Rule 27 CPC moved by the petitioner, was dismissed.

(2.) A suit filed by the respondent herein for declaration and permanent injunction against the petitioner on 15.6.1988 came to be decreed against the petitioner on 12.10.2011. The petitioner carried the matter in appeal before the learned ADJ vide RCA No. 60/2011. During the pendency of the said appeal, the petitioner filed instant application on 8.12.2011. It was averred in the application that the ACR of the respondent for the year 1980 to 1985 were already on record and since the respondent in his cross examination has admitted the same, it was not proved. It was also averred that the petitioner has also placed on record Performance Appraisal Report and related office orders of promotion and reversion of the respondent to the substantive post for year 1994 to 1996. Prayer was made to lead the evidence regarding those documents.

(3.) IT is trite that under Order 41, Rule 27, additional evidence could be adduced in one of the three situations, namely, (a) whether the trial Court has illegally refused the evidence although it ought to have been permitted; (b) whether the evidence sought to be adduced by the party was not available to it despite the exercise of due diligence; (c) whether additional evidence was necessary in order to enable the Appellate Court to pronounce the judgment or any other substantial cause of similar nature. It is equally well-settled that additional evidence cannot be permitted to be adduced so as to fill in the lacunae or to patch up the weak points in the case as has been held by the Supreme Court in the case of N. Kamalam Vs. Ayyaswami, (2001) 7 SCC 503.