MANOJ MISRA,J. - (1.) Heard learned counsel for the petitioner.
(2.) The present petition has been filed challenging the order dated 14.2.2017 passed in SCC Revision No. 10 of 2015 by which application 49Ga filed by the petitioner to bring on record permission letter dated 15.7.1988 as additional evidence in revision proceeding has been rejected on the ground that conditions, as envisaged by Order 41, Rule 27 CPC, on which additional evidence can be accepted were absent.
(3.) A perusal of the record would reveal that SCC Suit No. 183 of 2000 was filed by the plaintiff-respondent for arrears of rent and eviction. On the pleadings of the parties as many as five points for determination were framed. The critical issue which is relevant for these proceedings was as to whether the defendant without the permission in writing of the landlord had sublet the premises. The said issue was decided against the tenant by holding that there was subletting for which no written permission of the plaintiff landlord was obtained. The plaintiff's suit was decreed not only on the above issue but on other grounds also. Against the decree of the trial court SCC Revision No. 10 of 2015 was filed which remains pending. In this pending revision, application 49Ga was filed claiming that at the time of preparation of the case for final hearing it was discovered that the document which indicated that written permission was granted for subletting was not filed before the trial court and therefore, upon legal advice, the same was being filed now. It was claimed that since the document went to the root of the matter, the same be accepted in evidence.;