Naginbhai Vallavbhai Patel vs Ashwinkumar Ganeshbhai Patel
2023 Latest Caselaw 5097 Guj

       C/SCA/7070/2019                            ORDER DATED: 01/07/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/SPECIAL CIVIL APPLICATION NO. 7070 of 2019
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                           NAGINBHAI VALLAVBHAI PATEL
                                     Versus
                         ASHWINKUMAR GANESHBHAI PATEL
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Appearance:
MS.KHUSHBOO V MALKAN(5932) for the Petitioner(s) No. 1
VISMAY V MALKAN(9284) for the Petitioner(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2,3,4,5,6
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                      Date : 01/07/2023
                       ORAL ORDER

1. By way of this petition filed, under Article 227 of the

Constitution of India, the petitioner seeks to challenge the

order dated 06.02.2019 passed below Exh.17, in Regular

Civil Appeal No.14 of 2013 by which the learned 5 th

Additional District Judge, Dahod rejected the prayer for the

production of additional evidence at the appellate stage as

provided under Order 41 Rule 27 of the Code of Civil

Procedure.

2. Heard learned counsel Mr.Jitendra Malkhan for the

petitioner. Though served, none appears for and on behalf

of the respondents.

3. Learned District Judge, while dealing with the production

of additional evidence at the appellate stage, failed to

appreciate the settled legal position. The Apex Court again

C/SCA/7070/2019 ORDER DATED: 01/07/2023

various judgments, held that the petition under Order

41 Rule 27 filed at the appellate stage, the Appellate Court

may postpone consideration of the said application till

earing of the appeal and should take up the same at the t

me of hearing of the appeal on merits so as to find wheth

r the evidence sought to be adduced has relevance and b

aring on the issues involved.

4. In light of the settled principle of law, without entering into

the merits of the case, the impugned order dated

06.02.2019 passed below Exh.17, in Regular Civil Appeal

No.14 of 2013 is quashed and set aside. The matter is

remitted back to decide the application Exh.17 afresh at

the stage of final hearing of the appeal as observed in Para-

3 of this order.

5. Accordingly, present petition stands disposed of with the

aforesaid terms.

(ILESH J. VORA,J) Rakesh