MUNNI LAL Vs. BHAGWAN SHARMA

JUDGEMENT

(1.) The learned appellate court rejected the application for introducing additional evidence at the stage of appeal under Order 41 Rule 27 of the Code of Civil Procedure by the impugned order dated 08.11.2019. The learned appellate court while rejecting the application set forth these findings. The suit was instituted in the year 1980. The documents which are sought to be tendered by way of additional evidence pertained to a much prior point in time. The appellate court thereafter records that the appellant could not establish the exercise of due diligence on his part to search out the aforesaid documents. The aforesaid documents will not assist in the adjudication of the controversy at hand. In fact the documents would create a new case altogether.

(2.) The judgment of the learned courts below is supported with cogent reasons. There is no palpable infirmity in the order passed by the learned appellate court. This Court does not deem it a fit case to exercise its discretionary jurisdiction under Article 227 of the Constitution of India in favour of the petitioner. The petition lacks merit.

(3.) The petition is liable to be dismissed and is, accordingly, dismissed.