THATITHOI CHIRU Vs. NINGAMPAO KABUI

JUDGEMENT

(1.) This appeal is heard along with the application for admitting in evidence, or allowing the appellants to produce as additional evidence, the two documents particulars of which are as follows :

(2.) It appears that the documents were not produced at or before the first hearing of the suit, namely on the date of settlement of the issues. However, the documents were filed after the settlement of issues with the permission of the Court, and have all along been on record of the suit.

(3.) Mr. A. Nilamani Singh, the learned counsel for the appellants, has submitted that the documents should have been marked as "Exhibits" and then considered. Mr. Nilamani Singh has further submitted that if the documents could not be exhibited or admitted in evidence, on the facts and circumstances of the case, the appellants may be allowed to produce them as additional evidence under O. 41, R. 27, CPC.