(A) Code of Civil Procedure, 1908 – Order 41 Rule 27 – Civil Procedure – Additional Evidence – Not unable to produce – Plaintiff is seeking to produce on record copies of Jamabandi for the year 2010-11 and Misal Hakiat Bandobast for the year 1994-95. The record of the learned trial Court shows that the plaintiff had filed a copy of Misal Hakiat Bandobast Jadid for the year 1994-95, before the learned Trial Court; however, the same was not exhibited. Therefore, the document was not only available with the plaintiff/applicant but it was also filed before the learned Trial Court. Held: the condition that the applicant/plaintiff was unable to produce the document despite the exercise of due diligence is not satisfied. Additional evidence not allowed. (Para 19)
(B) Code of Civil Procedure, 1908 – Order 41 Rule 27 – Civil Procedure – Additional Evidence – No change in Circumstances – Plaintiff is seeking to produce a copy of Jamabandi for the year 2010-11 for a period after the pronouncement of the judgment and decree by the Trial Court and First Appellate Court.
Held: It is not shown that the rights and liabilities have changed after the passing of the judgments and decrese passed by the learned Courts below; therefore, the document sought to be produced on record is not relevant for the adjudication of the dispute pending between the parties and the same cannot be taken on record. (Para 22, 24, 25)
(C) Code of Civil Procedure, 1908 – Section 100 – Second Appeal – Evidence not found to be perverse – The learned Courts below concurrently held that the plaintiff had relied upon the gift deed, which was not produced the plaintiff asserted that the defendant had attorned in his favour. He never examined himself, therefore, an adverse inference has to be drawn that the version of the plaintiff regarding the attornment is not correct. Once, it is so held, the plaintiff cannot be held entitled to the possession and mesne profits and there is no infirmity in the findings recorded by the learned Courts below. Second appeal dismissed. (Para 32, 34)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 107 HP
Baba Sarabojot Singh Bedi Vs. Sada Ram
RSA No. 81 of 2007-Decided on 21-8-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-107-HP.pdf
