VIKRAMBHAI MEGHJIBHAI SHIYAL Vs. JASUBEN BHIKHABHAI JOGAL

JUDGEMENT

(1.) Learned advocate Mr. Hemal Shah for the appellant submits that the appellant has preferred these appeals against the judgment and award passed in M.A.C.P. No.27 of 2019 and 28 of 2019, which was disposed of by the common judgment on 24/2/2021 and award dtd. 2/3/2021. Mr. Shah submits that M.A.C.P. No.27 of 2019 was filed by the legal heirs of deceased Bhikabhai Govabhai Jogal and M.A.C.P. No.28 of 2019 was filed by the legal heirs of deceased Riyaben Bhikabhai Jogal. The present appellant is opponent No.2. Mr. Shah submits that opponent No.1 is the real owner and was in possession of the vehicle. Charge-sheet was filed against opponent No.1 - Ghanshyambhai Rasikbhai Yadav. He submitted that the present appellant was not required to file any written statement since Ghanshyambhai Rasikbhai Yadav was charge-sheeted and he knew the fact that he was the owner of the vehicle. In spite of that, necessary documents and facts were suppressed before the Tribunal and since the name of the appellant is shown in the R.T.O. Office as the owner, the judgment and award came to be passed making both the opponents liable to pay the money. He submitted that since both the matters are fatal case, the Tribunal has ordered to deposit Rs.16,45,000.00 and Rs.12,04,000.00 respectively in the two claim petitions along with interest @ Rs.9.00% per annum. He states that since the liability has been laid down jointly and severally, the claimants have preferred execution petition against the present appellant. Because of the fault of opponent No.1 and on suppression of material facts and evidence, the present appeal is facing the judgment for no fault of his.

(2.) Mr. Shah referring to the provisions of Order 41 Rule 27 of C.P.C. along with Sec. 151 submits that the Appellate Court may, if it deems fit, can permit the production of additional evidence. Mr. Shah placed reliance on clause (b) of sub-Rule 1 of Rule 27 of C.P.C. to support his contention that the Appellate Court shall have wide powers to order for any documents to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause.

(3.) With the consent of both the sides, the matters are taken up for final hearing.