JUDGMENT

Neena Bansal Krishna, J.

CM APPL. 12414/2022 (Addl. evidence)

1. Application under Order XL Rule 27 read with Section 151 Code of Civil Procedure, 1908 (hereinafter referred to as `CPC, 1908') filed on behalf of the appellant/plaintiff for leading additional evidence. It is submitted in the application that the plaintiff had filed a suit for partition, declaration, mesne profits, mandatory & permanent injunction against the respondents in respect of the properties mentioned in the suit. The appellant in his petition had taken a plea that he had paid 80.55% of the sale consideration and is entitled to a share to the said extent in the suit property. Moreover, there was an oral agreement by virtue of which respondent No.1 had agreed to execute a Relinquishment Deed in his favour making him an absolute owner of the suit property.

2. To support his assertions that he had paid approximately 80.55% the appellant wants to place the following documents on record:

(i) Loan Account Statement which reflects that on 9.7.2010 appellant and respondents No.1, 4 and 5 took a loan against property No.B-121, 12th Floor, DLF City, Regency Park, Phase-IV, Gurgaon for Rs.43,15,807/-.

3. On 05t