Jharkhand High Court
Ajit Kumar vs Reema Prasad on 7 May, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No. 78 of 2020
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Ajit Kumar --- --- Appellant
Versus
Reema Prasad --- --- Respondent
CORAM: Hon'ble Mr. Justice Ratnaker Bhengra
Hon'ble Mr. Justice Ambuj Nath
For the Appellant: Mr. Anoop Kr. Mehta, Advocate
For the Respondent: Mr. Praveen Shankar Dayal, A.P.P
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I.A. No. 8724 of 2024
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24/ 07.05.2024 This application has been filed by the appellant Ajit Kumar under Order
XLI Rule 27 read with section 151 of Code of Civil Procedure for marking
some documents as additional evidence during the pendency of this appeal.
2. It was submitted that the documents relate to several criminal
proceedings initiated by the Respondent against the appellant and his son.
Reliance has been placed upon a decision of the Hon'ble Supreme Court in the
case of Sanjay Kumar Singh versus State of Jharkhand reported in [(2022)
7 SCC 247] where the Hon'ble Supreme Court has held as under:
"Civil Procedure Code, 1908- Or. 41 R. 27-Admissibilility of
additional evidence in appellate court not adduced in the court of
original jurisdiction - True test for - held, admissibility of
additional evidence under Or. 41 R. 27 CPC does not depend upon
the relevancy of the issue on hand, or whether the applicant had
an opportunity for adducing such evidence at an earlier stage or
not, but it depends upon whether or not appellate court requires
the evidence sought to be adduced to enable it to pronounce
judgment or for any other substantial cause - That is, whether
such additional evidence has a direct bearing on pronouncement
of the judgment."
3. Mr. P.S. Dayal, learned counsel appears on behalf of the Respondent. It
was submitted that he has no objection if these documents are marked as
exhibits. However, he submits that admissibility of these document should be
decided at the time of final hearing of this First Appeal.
4. In view of this fact, let summons issued to the appellant Ajit Kumar by
the court of Sri S.S. Tirky, Judicial Magistrate, 1st Class, Dhanbad be marked as
Ext.-2.
Let the Complaint Petition (Domestic Violence) Case No. 1428 of 2020
be marked as Ext.-3.
Let the certified copy of the F.I.R of Mahila P.S. Case No. 50 of 2020 be
marked as Ext.-4.
Let the certified copy of the F.I.R. of Dhanbad P.S. Case No. 216 of 2022
be marked as Ex.-5.
Let the summons issued in the name of the appellant Ajit Kumar by the
court of C.J.M., Dhanbad in C.P. Case No. 520 of 2023 along the certified copy
of C.P. Case No. 520 of 2023 be marked as Ext.-6.
Let the certified copy of Complaint Case No. 208 of 2022 be marked as
Ext.-7.
Let the certified copy of the summons issued by the court of S.D.M.,
Dhanbad in M.P. Case No. 315 of 2022 in a proceeding under section 107 of
the Cr. P.C. along with the order dated 19.05.2022 passed in Original Suit No.
383 of 2018 by Shri Rakesh Raushan, Civil Judge, (Sr. Div.)-VII, Dhanbad be
marked as Ext.-8 and,
Finally, let the judgment passed in Original Maintenance Case No. 126
of 2019 be marked as Ext.-9.
5. These documents have been marked with objection of the Respondent.
Office is directed to mark these exhibits with the objection of the Respondent.
6. Admissibility of these documents shall be decided at the time of final
hearing of this appeal.
7. Accordingly, the instant I.A. stands disposed of.
8. List this case after summer vacation.
(Ratnaker Bhengra, J)
(Ambuj Nath, J)
Ranjeet/
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