PRAMOD KUMAR SAINI Vs. VASHEER MOHD. BAINA

JUDGEMENT

(1.) The petition is directed against the order dated 12 August 2015 passed by Additional District and Sessions Judge F.T.C. Jhansi in Civil Appeal No. 36 of 2011 (Pramod vs. Vasheer).

(2.) The applicant instituted a suit for permanent injunction which was dismissed on 30 March 2011. Aggrieved, the applicant preferred an appeal. During pendency of the appeal, an application was moved under Order 41 Rule 27 C.P.C. for bringing on record the document as additional evidence, the appellate court rejected the application by the impugned order.

(3.) Submission of the learned counsel for the applicant is that the document is a sale-deed which was sought to be taken on record as was not traceable despite due diligence. The appellate court noted in the impugned order that it was the case of the applicant before the trial court that the sale-deed was executed, however, the document was not brought on record during trial. It was open to the applicant to have placed on record the certified copy of the deed after obtaining it from the concerned Registrar. In these circumstances, the appellate court was of the opinion that an attempt was being made by the applicant, at appellate stage, to fill-up the lacuna.