RAM KISHAN Vs. HARAK CHAND

JUDGEMENT

(1.) The petitioner (defendant-appellant) filed a Civil Regular Appeal against the judgment & decree dated 5.1.1997 of the trial Court which relates to his eviction from the suit premises which was under his tenancy. During the pendency of the appeal, the petitioner filed an application under Order 41 Rule 27 Code of Civil Procedure for permission to file additional documents such as Money Order Coupon, Notice of Advocate by which he sought information from the plaintiff with regard to his bank account and challan receipts by which the rent for the disputed period had been deposited under Sec. 19-A of the Rajasthan Premises (Rent Control & Eviction) Act, 1950 for short 'the Act of 1950'. The petitioner submitted that these documents could not be submitted earlier before the trial Court notwithstanding the exercise of due diligence since they were in possession of another advocate who had deposited the rent in the Court and since these documents had been given by the previous counsel for the petitioner only after passing of the judgment & decree by the trial Court, hence he could not produce the same earlier and for which now he is seeking the permission of the First Appellate Court to adduce the same by way of his evidence. The application was contested by the non-petitioner by filing the reply and the trial Court after hearing the parties, partly allowed the application filed by the petitioner vide its order dated 10.7.1997 by permitting the challan receipts for the period in dispute i.e. 15.5.1988 to 14.5.1989 to be produced while remaining documents were disallowed. Being aggrieved of the aforesaid order of the trial Court, the petitioner has come up by way of present revision petition.

(2.) I have heard learned counsel for the parties at length, examined their rival claims and contentions as well as findings recorded by the trial Court. Prima-facie, I am of the considered view that in exercise of its powers under Order 41 Rule 27 Code of Civil Procedure before allowing the application for permission to adduce the documents sought to be produced by way of additional evidence, the Court has also to examine the relevancy of the documents. It is not necessary that every document whether relevant or not relevant to the case should be permitted to be placed on the record. The cause must be substantial and just and should be directly related to the ends of justice since otherwise it will be empty formality and an exercise in futility if several documents sought for by the aggrieved party are allowed to be produced in evidence even at the appellate stage. In my view, the trial Court has given justifiable reasons for not permitting the Money Order Coupons and notice served on the petitioner (defendant) by the non-petitioner (plaintiff) in view of the specific finding recorded by the trial Court. The eviction suit was filed on two grounds, (A) default in payment of rent & (B) personal bonafide necessity of the plaintiff-landlord.

(3.) On the question of default the trial Court had specifically framed the following question :