HANUMAN PRASAD Vs. JUGAL SINGH
LAWS(RAJ)-2001-10-104
HIGH COURT OF RAJASTHAN
Decided on October 10,2001

HANUMAN PRASAD Appellant
VERSUS
JUGAL SINGH Respondents

JUDGEMENT

D.N. Joshi, J. - (1.) THE instant revision petition has been directed against the order dated 29th March, 2001 passes by the learned Additional District Judge No. 2, Bikaner in Civil Appeal Decree No. 78/97, where by the application filed by the petitioner -defendant Under Order 41 Rule 27 C.P.C. has been rejected.
(2.) WITH the consent of both the parties, this revision is decided finally at this stage. A suit was filed by the plaintiff on the ground of reasonable and bona -fide necessity against the defendant -petitioner and it was decreed and the above mentioned appeal is pending before the learned Additional District Judge No. 2, Bikaner.
(3.) THE application Under Order 41 Rule 27 C.P.C. was filed before the First Appellate Court for allowing to produce the documents, namely, a copy of the decree and the judgment, a copy of the statements of Jugal Singh, a copy of the Will filed by the plaintiff against one Gulab Devi in the suit which was decided on 15.7.1999. The learned trial Court rejected the application on the ground that the documents sought to be produced have no relevance and the appeal is not to be decided on the grounds mentioned in the judgment and decree passed in the case of Gulab Devi. The application was also rejected on the ground that the appeal could be decided without the production of those documents. This order of the learned Appellate Court is under challenge.;


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