BHARAT BHUSHAN AND 3 OTHERS Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) Heard Sri K.K. Mani, learned counsel along with Sri Dilip Kumar Singh, learned counsel for the petitioners and perused the record.

(2.) The present petition has been filed challenging the order dated 16.8.2017 passed by the Additional District Judge, Court No. 10, Meerut in SCC Revision No. 4 of 2016 whereby the application of the revisionists (petitioners herein) in revision for accepting the additional evidence has been rejected on the ground that additional evidence cannot be accepted as the provisions of Order 41 Rule 27 CPC is not applicable in revision and is applicable in appeal only. Apart from that, it has further been held that the documents that are being placed before the revisional Court in additional evidence were in full knowledge of the revisionists and therefore, even as per provisions of Order 41 Rule 27 CPC, the same cannot be accepted as additional evidence at this stage and no satisfactory reason has been given for not filing the same before the trial Court.

(3.) The relevant facts of the case are that a SCC suit no. 31 of 2005 (Rajendra Kumar vs. Bharat Bhushan, Ratan Singh, Babu Lal, Jagdish Prasad) was allowed vide judgement and order dated 23.1.2016. In the shape of additional evidence, the revisionists (petitioners herein) sought to place before the proceedings of PA Case No. 33 of 2010 (Rajendra Kumar vs. Bharat Bhushan & Ratan Singh).