PRASHANT KUMAR AGARWAL,J. - (1.) Heard learned counsel for the parties on Application No.4364 filed by appellants under Order 41 Rule 27 Civil Procedure Code for allowing them to produce additional evidence accompanied with the application in this appeal.
(2.) I have considered the submissions made on behalf of the parties and also gone through the record made available for my perusal as well as the relevant legal provisions and the case law relied on by the learned counsel for the respondents. The application is liable to be dismissed for the following reasons: (i) The appellants have failed to show that notwithstanding the exercise of due diligence the evidence now sought to be produced was not within their knowledge or after the exercise of due diligence could not be produced by them during trial. There is no evidence on record indicating that any necessary steps were taken by the appellants to obtain certified copy of the said 'Jagir Bahi' from the concerned authority during pendency of the suit. It appears that copy of the said document was sought to be obtained only after the impugned judgment and decree was passed and it was observed by the learned Court below that in absence of the said document adverse inference should be taken against the appellants. It is well settled that additional evidence cannot be permitted to be adduced so as to fill in the lacuna or to patch up the weak points in the case. (ii) Annexure-Al filed alongwith the application is a certified copy of the application filed by the appellants before Sub Divisional Officer and report made by the Office but at the most it shows that record, the copy of which was sought by the appellants is in a dilapidated condition and it is not possible to be issued copy of it. In my view this document is not in any way relevant for the proper disposal of the dispute between the parties. (iii) So far as Annexures-A2 and A3 are concerned, these are. simply photostat copies of some documents but they cannot be come within the definition of evidence. In my view only original document or certified copy of it can be adduced as additional evidence during pendency of an appeal. Although, Rule 27.of Order 41 Civil Procedure Code allows production of additional evidence in appellate Court but it does not mean that even such document can be produced which even does not come within the four corners of evidence as defined in Evidence Act. (iv) It is well settled that generally additional evidence whether oral or documentary cannot be allowed to be produced in an appellate Court and only in exceptional circumstances has clearly provided in this provision itself, additional evidence can be allowed to be produced but in the present case, the appellants have failed to show any such circumstance. Consequently, the application being meritless is, hereby, dismissed. ;