SANTA BALA DAS Vs. PARUL BALA SAHA

JUDGEMENT

(1.) This revision petition is filed by the original defendants to challenge an order dated 21.08.2018 passed by the learned District Judge, Sepahijala District, Sonamura rejecting an application filed by the petitioners for permission to adduce additional evidence at the appellate stage. By filing an application before the appellate Court, the petitioners had prayed for liberty to produce an investigation report dated 04.06.2014 submitted by the Tahashildar, Kanoongo and the District Collector which could not be produced during the pendency of the trial. In this context following averments were made in the said application.

(2.) This application came to be dismissed by the impugned order in which learned District Judge has made following observations:

(3.) In case in hand, after considering the submissions of both the parties and perusing the case record this court is of the considered opinion that the appellants had ample opportunity to produce the evidence, herein above reflected as additional evidence, before the Ld. Trial Court but it was not produced.