STATE OF UTTARAKHAND AND ORS. Vs. UMRAO SINGH

JUDGEMENT

(1.) THIS is an application made under Order 41 Rule 27 of the Code for the purpose of bringing on record new evidence at the appellate stage. It is the contention of the Respondents that Minor Irrigation Department was not a party to the writ petition. The assertion pertaining to the scope of work of Air Compressor Driver of Minor Irrigation Department could only be dealt with by the Minor Irrigation Department. It is the contention that since that assertion could not be dealt with by the Irrigation Department, in the counter affidavit filed by the Irrigation Department, the same was not dealt with and, accordingly, while rendering the judgment and order under appeal, the Court proceeded on the basis that the Irrigation Department has accepted the contention of the Petitioner in that regard. In the circumstances, realizing that the documents sought to be relied as evidence at the appellate stage are required for the purpose of reaching the correct conclusion, it is contended that had an indication as regards the same had been given those documents could also be produced before the Court before the judgment and order under appeal was rendered. In the circumstances, we feel that non -denial taken as admission is a surprise and, accordingly, the applicant has been able to make out a case for adducing additional evidence at the appellate stage.

(2.) THE application is, accordingly, allowed.