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Judgment
The petitioner, who is one of the appellants in Title Appeal No. 01 of 2014, is aggrieved of order dated 19.12.2016 by which the application for
adducing Zamindari rent receipts as additional evidence has been declined.Â
Partition Suit No. 11 of 2007 was instituted by Supa Oraon and Manu Oraon for a preliminary decree for partition to the extent of ½ share for the
plaintiffs in the suit schedule properties. The suit was dismissed vide judgment dated 21.12.2013. Aggrieved, the plaintiffs preferred Title Appeal
No. 01 of 2014. In the pending appeal an application dated 08.04.2016 for exhibiting Zamindari rent receipts was filed by the appellants. This
application has been dismissed by the impugned order dated 19.12.2016. Â
Order XLI Rule 27 C.P.C mandates that parties shall not be permitted to lead additional evidence, oral or documentary, at the appellate stage. This
statutory prohibition has, however, exceptions carved out under Order XLI Rule 27(a), (aa) and (b) read with sub-rule 2 to
Order XLI Rule 27 C.P.C. During pendency of the partition suit the plaintiffs filed copies of agreement dated 30.10.1965, sale patta dated
16.12.1941, Malgujari rent receipts etc. In their application seeking leave of the appellate court for exhibiting Zamindari rent receipts, except stating
that due to bonafide mistake these rent receipts could not be adduced in evidence, the appellants have not disclosed any other reason why these
documents could not be produced in the partition suit. In my opinion, when it is found that the plaintiffs have led documentary evidence in the partition
suit, not filing of Zamindari rent receipts cannot be said to be a bonafide mistake. It is not a case pleaded by the petitioner that these rent receipts
were not in his possession or in spite of due diligence these documents could not be produced in Partition Suit No. 11 of 2007. Â
4. In the above facts, I am not inclined to interfere with the impugned order dated 19.12.2016 and accordingly the writ petition is dismissed.