RAJESH BALIA, J. - (1.) THIS second appeal is directed against the decree dated September 22, 1993 passed by the Additional Civil Judge No. 2 Udaipur affirming the judgment and decree dated March 1, 1990 passed by the Munsif and Judicial Magistrate (North), Udaipur.
(2.) THE eviction suit of the plaintiff -respondent has been decreed by the two courts below on the ground of second default in payment of rent. The plea of the defendant in his written statement was that he had paid Rs. 1200/ - in advance and theretofore, he has not committed any default. The payment was alleged to have been made to the son of the plaintiff. Both the courts below on the basis of the appreciation of evidence have found that the payment of rent in advance alleged by the defendant has not been proved. Before this Court, the appellant has filed an application under Order 41, Rule 27 CPC for permitting him to lead additional evidence which is in the form of a receipt of Rs. 1200/ - allegedly executed by the plaintiff. The ground stated in the application is that this plea that Rs. 1200/ - has been paid to the son of the plaintiff Dalpat on the request of the plaintiff and he obtained the receipt thereof was taken in the written statement. In the written statement, it was also pleaded that inspite of best efforts, he could not lay his hand of the said receipt and therefore, it could not be produced.
(3.) ACCORDING to the application, the receipt was found in the space of the shelves of the wooden (able lying in the shop in question on October 24, 1993 and soon thereafter, he has moved this application along with this appeal.;