Sujit Narayan Prasad, J. - (1.) The order dated 30.05.2019 and 14.06.2019 passed in Civil Appeal No.01 of 2016 is under challenge by which the petition dated 23.01.2019 filed under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure has been rejected.
(2.) It is admitted case of the petitioner that in course of trial no such application has been filed for adducing the evidence and when the decree has been passed which is subject matter of appeal, a petition under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure has been filed for allowing the appellant-judgment debtor to adduce the additional evidence but the same has been disposed of without any reason, therefore, the present writ petition.
(3.) This Court before entering into the merit of the matter, deem it fit and proper to deal with Order XLI Rule 27 which reads as under: "27.Production of additional evidence in Appellate Court.-(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if- (a) the Court from whose decree the appeal is preferred has refused to admit evidence which out to have been admitted or [(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or] (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Whenever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.;