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1999 Supreme(Raj) 872

ARUN MADAN
Ram Kishan – Appellant
Versus
Harak Chand – Respondent


JUDGMENT

1. - The petitioner (defendant-appellant) filed a Civil Regular Appeal against the judgment & decree dated 5.1.1997 of the trial Court which relates to his eviction from the suit premises which was under his tenancy. During the pendency of the appeal, the petitioner filed an application under Order 41 Rule 27 CPC for permission to file additional documents such as Money Order Coupon, Notice of Advocate by which he sought information from the plaintiff with regard to his bank account and challan receipts by which the rent for the disputed period had been deposited under Section 19-A of the Rajasthan Premises (Rent Control & Eviction) Act, 1950 for short 'the Act of 1950'. The petitioner submitted that these documents could not be submitted earlier before the trial Court notwithstanding the exercise of due diligence since they were in possession of another advocate who had deposited the rent in the Court and since these documents had been given by the previous counsel for the petitioner only after passing of the judgment & decree by the trial Court, hence he could not produce the same earlier and for which now he is seeking the permission of the First Appellate Court to addu











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