Allahabad High Court
Buladshahr Khurja Development ... vs Atul Chandra And Another on 1 July, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No.- 34
Case :- FIRST APPEAL No. - 3 of 2016
Appellant :- Buladshahr Khurja Development Authority
Respondent :- Atul Chandra and another
Counsel for Appellant :- Bhupeshwar Dayal
Counsel for Respondent :- Dushyant Singh,M.C.Singh
Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Dismissed with cost.
2. For orders, see order of date passed in connected First Appeal No. - 264 of 2012 (Bulandshahr Khurja Development Authority through Secretary Vs. Smt. Amir Kuwar and others).
Order Date :- 1.7.2019
Arshad
Civil Misc. Additional Application No. Nil of 2019
In
Case :- FIRST APPEAL No. - 3 of 2016
Appellant :- Buladshahr Khurja Development Authority
Respondent :- Atul Chandra and another
Counsel for Appellant :- Bhupeshwar Dayal
Counsel for Respondent :- Dushyant Singh,M.C.Singh
Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. This is an application under Order 41 Rule 27 of Civil Procedure Code (hereinafter referred to as 'C.P.C.') for taking on record, some additional evidence. According to learned counsel for appellants certain additional evidence by means of the present application is sought to be brought on record as the same has been made available to him after the Award which is under challenge. Accordingly the same is being brought on record of the present appeal.
2. Having gone through the application, we find that firstly no reason has been given in the entire application, justifying admission of additional evidence at the stage of appeal. The conditions precedent for allowing the application for accepting additional evidence are enumerated under Order 41 Rule 27 C.P.C. which reads as under:
Rule 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 ought 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."
3. However of the reasons assigned in application for taking on record additional evidence are in conformity with provisions of Order 41 Rule 27 C.P.C. Further, the documents which are requested to be taken as additional evidence includes photocopy of judgement of Supreme Court, list of appeals prepared by the learned counsel, photocopy of Award dated 31.5.2017 and certified copy of two Awards given by the Court below in Reference No. 614 of 1991 and 613 of 1991 itself. Except for certified copy of Awards as detailed above, none other documents are admissible in evidence. Therefore, these documents cannot be accepted as additional evidence. Two Awards as detailed above, are accepted on record of present first appeals by way of additional evidence and same shall be considered while deciding the appeal.
Order Date :- 1.7.2019
Arshad
