SIPAHI NATHABHAI MANJIBHAI Vs. JORAJI HARCHANDJI

JUDGEMENT

(1.) This petition under of the Constitution of India, is directed against the order dtd. 21/8/2014 passed below Exh 34, in Regular Civil Appeal No. 20 of 2006, by which, the learned 5 th Additional District Judge, Deesa at Palanpur, dismissed the application for production of additional evidence as provided under Order 41 Rule 27 of the Code of Civil Procedure.

(2.) Heard learned counsel Mr. Chetan Pandya for the petitioners, whereas, the counsel for the respondents Mr. S.L. Vaishya is on leave. However, considering the issue involved, the case can be disposed of without his assistance.

(3.) The present petitioners are the original defendants, against whom respondents plaintiffs have filed a suit, which came to be decreed by the civil court. The petitioners - defendants have challenged the decree by preferring a Regular Civil Appeal being RCA No. 20 of 2006. Pending the appeal proceedings, the petitioners sought permission for production of additional documents under Order 41 Rule 27 of the Code. The learned Appellate Court vide its order dtd. 28/8/2014, rejected the application.