SHAKTI CHAND Vs. SAROOP SINGH

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dated 5.9.2017, passed by the Court of learned District Judge, Hamirpur in CMA No. 56/2017, in Civil Appeal No. 86 of 2015 titled as Shakti Chand Vs. Saroop Singh, vide which an application filed under Order 41 Rule 27 of the CPC by the petitioner, stands dismissed by the learned appellate Court.

(2.) I have heard learned counsel for the parties and have also gone through the impugned order as well as application which was filed before learned appellate Court under Order 41 Rule 27 of the CPC.

(3.) Production of additional evidence in appellate Court in appeal is permissible under the provisions of Order 41 Rule 27 of CPC, inter alia, provided that the party seeking to produce additional evidence establishes that notwithstanding the exercise of due diligence, such evidence was either not in its knowledge or despite exercise of due diligence, the same could not be produced by it at the time when the decree appealed against was passed.