M.Y.EQBAL, J. - (1.) THIS application under Article 227 of the Constitution of India is directed by the petitioners who are plaintiffs/appellants in the Court below against the order dated 04.4.2005 passed in Title Appeal No. 47 of 2003 whereby learned Additional Judicial Commissioner, Ranchi rejected the application filed by the appellants/petitioners under O "or adducing some documents by way of additional evidence.
(2.) PLAINTIFFS /petitioners filed aforementioned appeal against the decree passed by the trial Court dismissing the suit. During the pendency of the appeal, petitioners/appellants filed application under Order 41 Rule 27 C.P.C. for adducing certain documents (rent receipts) by way of additional evidence. According to the petitioner, during search of other documents, suddenly found these rent receipts of the suit land which were not within their knowledge. The said application was opposed by the respondents. The Court of appeal below rejected the application and refused the prayer on the ground inter alia that those documents were not find in the suit and that the rent receipts sought to be adduced by way of additional evidence has not been filed alongwith application.
(3.) IT is well settled that one important condition for allowing production of additional evidence is that appellate Court requires such documents so as to enable it to pronounce the judgment and to decide the rights of the parties.;