Brief Facts:
The Appellant moved an application to allow him to present additional evidence which includes email conversations, an application for provisional allotment, and a tripartite agreement.
The Respondent objected to the application on the grounds that the said evidence was in the knowledge of the Appellant and despite that it was never produced before. It is also contended that the Appellant is trying to cover up his omissions as no cogent reason is given as to why this evidence was not produced before and should be taken on record now.
Observations and Findings:
The documents that are being asked to be placed on record now are not new or surprising to the Respondent. Rule 27(1)(b) of Order 41 of the Code of Civil Procedure, 1908 gives the Court sufficient power and discretion to allow such evidence subject to the reason for its admission. The Court also noted that there is a reference to these documents in the memorandum of appeal as well as the impugned order. Also, the Respondent can always rebut the admissibility and relevancy of these documents.
In nutshell, there will be no prejudice that will be caused to the Respondent and hence, the production of the said documents is allowed.
Cause Title: Kamlesh Tiku v. Sylvanus Properties Ltd.
Bench: Shriram R. Jagtap, Member (J) and S.S. Sandhu, member (A)
Decided on: 28th September 2022
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