S.U. Khan, J. - (1.) Heard learned Counsel for parties.
(2.) This writ petition is directed against order dated 4th February, 1989 passed in R.C. Appeal No. 9 of 1987 by IXth Additional District Judge, Bulandshahr. Landlord/Respondents filed a release application against the tenant/petitioner under Section 21 of the U.P. Act No. 13 of 1972 which was dismissed by Prescribed Authority. The aforesaid appeal has been filed by landlord against the said order of Prescribed Authority. In the appeal tenant/petitioner filed an application for bringing on record some notice pertaining to Misc. Case no. 13/1986. By the impugned order Appellate Court rejected the application of the petitioner for bringing on record the said documents. The Appellate Court has given reasons for not bringing the said documents on record. Additional evidence may be adduced only when it is proved that evidence was not in existence or within the knowledge of the party when the case was pending before trial Court. The Appellate Court has also held that the notice sought to be adduced was neither made pat of the affidavit nor it was shown as to how that could affect the ultimate merit of the appeal. Learned Counsel for the respondents has argued that earlier also tenant/petitioner filed application for adducing additional evidence which was allowed. However, the said order does not form part of the record of the writ petition, hence nothing can be said with regard to that.
(3.) Consequently, writ petition is dismissed. Court below is directed to decide the appeal expeditiously as the matter is quite old. Petition dismissed.;