G.S. Sistani, J.

CM No. 17697/2009:

1. This is an application filed by the Appellant under Order 41 Rules 27 and 28 of the Code of Civil Procedure for producing additional evidence.

2. Heard Counsel for the parties. By present application, the Appellant seeks leave to adduce additional evidence in the form of certain e-mail on record and also seeks leave to exhibit and prove the same.

3. The only ground raised in the present application for not exhibiting the e-mails, copies of which were filed in the trial Court, is that the Counsel appearing on behalf of the Appellant in the trial Court did not exhibit the same.

4. Para 7 of the present application reads as under:

7. That admittedly PW-2, Mr. Ajit Kumar, had himself written to the foreign buyer of the Appellant that Appellant is not at fault in delaying the delivery of the goods. Unfortunately, Counsel of the Appellant in trial Court could not exhibit such communications and also could not put the same before the said Ajit Kumar at the time of his cross-examination in evidence.

5. learned Counsel for the Appellant submits that the case of the Petitioner would be covered under Order 41 Rule 27(b) of the Code of Civil Procedure as