PARVEEN KUMAR Vs. PREM CHAND

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure arises out of the orders passed by the learned District Judge, Mandi on 7th November, 2000 in CMP No. 559/2000 in Civil Appeal No. 86/1999, Parveen Kumar and Others v. Prem Chand.

(2.) It appears that the present petitioners filed an application before the learned District Judge under Order 41, Rule 27 of the Code of Civil Procedure (hereinafter referred to as the 'Code') and prayed that the petitioners, who were appellants before the learned District Judge, may be permitted to lead additional evidence in terms of certified copy of the demarcation order of the Consolidation Officer, dated 14th December, 1999 alongwith the report of the Field Kanungo dated 23rd October, 1999 and copy of the order of Consolidation Officer dated 24-5-1999 and certified copy of Aks Shajra. For that purpose Record Keeper of the Office of the Consolidation Officer, Tehsil Sadar, District Mandi, was proposed to be examined as additional evidence to prove the documents.

(3.) The case of the petitioners before the learned District Judge was that since the demarcation proceedings were pending when the case was decided by the learned Trial Court, therefore, the copies of the demarcation report could not be produced. It was further stated that additional evidence was necessary for the proper decision of the dispute between the parties.