BELA SINGH Vs. CHATRA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the appellate court declining the application under Order 41, Rule 27 of the Code of Civil Procedure (for short the 'code' ).

(2.) THE petitioner-defendant in the application under Order 41, Rule 27 of the Code wanted to produce Jamabandis for the years 1965-66, 1970-71 and 1975-76 in order to support the plea of adverse possession. The application has been declined primarily on the ground that the evidence sought to be produced could not be said to be not within the knowledge of the petitioner and, in any case, it could not be successfully maintained that after the exercise of due diligence the evidence could not be produced.

(3.) MR. Anil Khetarpal, learned counsel for the petitioner, has argued that the evidence sought to be produced cannot be fabricated by the petitioner and that the same could be allowed under Order 41 Rule 27 (1) (b) of the Code, that is, for any other substantial cause. On the other hand, the teamed counsel for the respondent has argued that the appellate court has exercised its discretion and the same could not be interfered with by this court.