TIRLOK CHAND Vs. KAMAL KANT

JUDGEMENT

(1.) THIS revision petition is against the order of the Appellate Authority, Sirsa, dated 20 12-1991 whereby the application filed by the respondent (appellant before the appellate Authority) seeking permission to adduce additional evidence was allowed.

(2.) THE respondent filed an application under Order 41 Rule 27 of the Code of Civil Procedure seeking permission to produce in evidence a certified copy of the site plan alongwith copy of the decree sheet dated December 8, 1987 passed in Civil Suit No. 1253 of 1987. As per averment made in the application, it was stated that the certified copy was not available earlier and more so the production of these documents was essential for the just decision of this case.

(3.) THIS application was resisted by the petitioner on the ground that these documents were well within the knowledge of the respondent. Additional evidence cannot be permitted to fill up the lacuna in the case nor the production of these documents is necessary for the pronouncement of the judgment. The appellate Authority, however, found no merit in any of the objections raised by the petitioner and consequently allowed the respondent to adduce additional evidence as sought subject to payment of Rs. 100/- as costs.