Aditya Nath Mittal, J.—

Heard learned counsel for both the parties on Civil Misc. Application No.57233 of 2011.

Application for additional evidence under Order 41 Rule 27 C.P.C. has been moved on the ground that Smt. Jaipali who had died issue less, had executed a registered will dated 19.11.1959 in favour of Shiv Kumar therefore, Harihar Dutt Lal the executor of alleged agreement to sell had no right regarding the property in dispute. The certified copy of the alleged will dated 13.11.1959 has been filed along with the application.

Learned counsel for the appellants has further submitted that he shall not adduce any additional oral evidence.

The application has been opposed by learned counsel for the respondents on the ground that it is a concocted story and no reason has been shown as to why the alleged will was not produced during proceedings before the lower Courts.

Learned counsel for the respondents has relied upon Malayalam Plantations Ltd. Vs. State of Kerala and another 2011 AIR SCW 264 in which Hon'ble the Supreme Court has held that additional evidence cannot be permitted to be adduced so as to fill in the lacuna or to patch up the weak points in the case.

Learned counsel for

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