JIGNESH AMRUTLAL JANI Vs. RATILAL VISHVANATH JANI

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking the following reliefs :-

(2.) The case of the petitioner is that the petitioner is the original plaintiff in the Regular Civil Suit No. 179 of 1996 in the court of learned Principal Civil Judge, Petlad wherein the plaintiff has sought declaration that the petitioner - plaintiff be declared as tenant of the suit land in question and the sale deed has also been challenged by the petitioner - original plaintiff. However, the learned Principal Civil Judge, Petlad rejected the plaint of the petitioner. Feeling aggrieved by the said order, the petitioner - original plaintiff preferred appeal being Regular Civil Appeal No. 109 of 2009 under Section 96 of the Code of Civil Procedure. In the said appeal, the petitioner - original plaintiff preferred an application at Exhibit-35 under Order 41 Rule 27 of the Code of Civil Procedure for seeking production of the additional documents at the belated stage. However, the appellate court rejected the said application vide order dated 24.07.2019 and it is this order which is made the subject matter of the present petition under Articles 226 and 227 of the Constitution of India.

(3.) Learned advocate Mr. Maulik Soni appearing for Mr. N.K. Majmudar, learned advocate for the petitioner has submitted that a clear error is committed by the appellate court in not entertaining the application. On the contrary, it is the settled position of law that the additional evidence can be led at any stage during the pendency of the appeal and the learned appellate court has also wide powers as that of the trial court and the application at Exhibit-35 ought to have been allowed in view of the fact that the document and the evidence which have been tried to be relied upon are touching the root of the controversy and that being the position, the spirit of order under Order 41 Rule 27 of the Code of Civil Procedure is not maintained while passing the impugned order.