MANSURAL HASAN Vs. BALARAM DEY

JUDGEMENT

(1.) This revisional application is directed against order dated 23rd March, 1994 passed by the learned Additional District Judge, 5th Court, Alipore in Civil Revision No. 94 of 1993 affirming an order being order No. 134 dated 24.8.92 passed by the learned Munsif, 2nd Court, Alipore in Title Suit No. 438 of 1983.

(2.) The only point for consideration in this revisional application is whether some documents which were produced before the learned trial Judge after the closure of the evidence and before argument should have been accepted and admitted in evidence without there being my reason for non-production of documents at the time when they ought to have been produced before the learned trial Court.

(3.) In the instant case the opposite party filed a suit for eviction against the defendant petitioner tenant and in the said suit the tenant challenged the title of the landlord in the suit premises. The documents sought to be filed were the judgment and decree obtained by the same landlord against the two other tenants holding separate portion of the said building in which the tenancy in question is situated. The documents were filed for the purpose of proving that the opposite party was the landlord and had title and ownership in respect of the said building.