HIRA SINGH Vs. TARJIT SINGH

JUDGEMENT

(1.) Present application under Order 41 Rule 27 CPC read with Sec. 151 CPC is filed for producing additional evidence in respect of copy of Challan report dtd. 30/10/2005 (Annexure P5). Rule 27(1)(aa) of the provision stipulates that additional evidence can be permitted only if the party requesting it is able to prove that despite best efforts, they were unable to introduce the additional evidence in the initial proceeding. The basic principle for admitting additional evidence is that the party appealing is able to establish that there was a valid reason for not submitting such evidence at the trial stage; and that the additional evidence is relevant and material for deciding the rights of the parties to the lis.

(2.) The pleaded case of the appellant in the Claim Petition before the Tribunal as recorded in Paras 2 and 3 of the Award is that: -

(3.) Vide the impugned Award, Claim Petition of the appellant has been dismissed as the issue No.2 was decided against the appellant.