RANI Vs. RAKSHA RANI AND ORS.

JUDGEMENT

(1.) Dismissal of application of defendant No.4, petitioner herein, for producing additional evidence in the first appellate court vide impugned order dated 30.9.2013, forms genesis of this revision petition.

(2.) Against decree dated 15.3.2012 passed by the civil court, an appeal was preferred by defendant No.4 interalia impleading plaintiffs as respondents and official defendants No.4 to 6 as proforma respondents. In application made under Order XLI Rule 27 CPC, applicant-defendant No.4 had taken a stand that inadvertently no evidence could be led by her though very important documents in the nature of registered Will dated 14.9.1998 (Ex.D1), ration card, policy and other documents had duly been tendered but the witnesses of the record of the above-said documents could not be examined. Claiming that these documents were of such nature that those were beyond fabrication, it is averred that the evidence should have been allowed to prove these documents.

(3.) This application was strongly contested.