BANWARI LAL Vs. THE ADDITIONAL DISTRICT JUDGE, KHETRI

JUDGEMENT

(1.) BY instant writ petition, the plaintiff -petitioner has assailed the order dt. 03.10.2011 passed by the learned lower appellate Court by which the application filed by the plaintiff -petitioner under Order 41 Rule 27 read with Section 151 C.P.C. for taking documents on record at the appellate stage has been rejected. It is pleaded by learned counsel for the plaintiff -petitioner that the plaintiff -petitioner wanted to place on record "Patta", which was not available during the course of the arguments and at the time, the order was passed by the learned trial Court and it being relevant, the learned lower appellate Court should have considered the same. Counsel further submitted that the learned lower appellate Court was not justified in passing the order impugned and that the documents, which the plaintiff -petitioner, sought to be taken on record, were important and relevant for disposal of the appeal before the learned lower appellate Court.

(2.) LEARNED counsel for the defendants -respondents objects to the submission made by learned counsel for the plaintiff -petitioner and submits that the "Patta" was not placed on record before the learned trial Court and now it has no relevance at all at the appellate stage in the appeal before the learned lower appellate Court. He also submits that even it is mentioned by the learned lower appellate Court that there was no relief sought in so far as the "Patta" is concerned.

(3.) REFERENCE may be made to the decision of Apex Court in the case of Eastern Equipment & Sales Limited vs. Ing. Yash Kumar Khanna, reported in : (2008) 12 SCC 739 wherein it has been observed as under: -