PHOOL CHAND Vs. DEVI LAL

JUDGEMENT

(1.) THIS appeal against the order of the Revenue Appellate Authority, Kota, dated 31. 8. 1965, has arisen under the following circumstances.

(2.) THE appellants Phool Chand and others had filed a suit under sec. 183 of the Rajasthan Tenancy Act read with sec. 43-A of the Act, in the court of the Sub-Divisional Officer, Jhalawar. THE suit was decreed on 9. 8. 1964 and an appeal was filed by the respondents in the court of the Revenue Appellate Authority, Kota. Before the date of hearing of the appeal on 16. 6. 1965 the respondents filed an application under Order 41, Rule 27 of the Code of Civil Procedure before the Revenue Appellate Authority requesting for admission of the additional evidence in the form of certified copies of some documents on the ground that they have been mentioned in the written statement. THEy were certified copies of public record and the plaintiff had admitted them in his plaint. THEy could not be produced during the trial as they were not available then. THEse documents consisted of the following: - (1) Copy of application on behalf of Phoolchand appellant, dated 12. 2. 1947. (2) Copy of order of the Nizamat Pachpahar dated 25. 8. 1947. (3) Copy of order Mahakma Mal Sadar dated 13. 4. 1967. (4) Copy of proposals of the Revenue Department, Jhalawar State, dated 15. 4. 1934.