HANUMAN PRASAD Vs. JUGAL SINGH

JUDGEMENT

(1.) THE instant revision petition has been directed against the order dated 29th March, 2001 passes by the learned Additional District Judge No. 2, Bikaner in Civil Appeal Decree No. 78/97, where by the application filed by the petitioner -defendant Under Order 41 Rule 27 C.P.C. has been rejected.

(2.) WITH the consent of both the parties, this revision is decided finally at this stage.

(3.) THE application Under Order 41 Rule 27 C.P.C. was filed before the First Appellate Court for allowing to produce the documents, namely, a copy of the decree and the judgment, a copy of the statements of Jugal Singh, a copy of the Will filed by the plaintiff against one Gulab Devi in the suit which was decided on 15.7.1999. The learned trial Court rejected the application on the ground that the documents sought to be produced have no relevance and the appeal is not to be decided on the grounds mentioned in the judgment and decree passed in the case of Gulab Devi. The application was also rejected on the ground that the appeal could be decided without the production of those documents. This order of the learned Appellate Court is under challenge.