JUDGMENT

This original petition is filed against Ext.P6 order passed by the Sub Court, Cherthala, in I.A.No.2/2021 in A.S.No.36/2016.

2. The petitioners are the defendants and the respondent is the plaintiff in O.S.No.298/2013 on the files of the Additional Munsiff Court, Cherthala. The above suit filed for permanent prohibitory injunction was decreed in favour of the plaintiff as per Ext.P1 judgment. Challenging Ext.P1, the petitioners preferred A.S.No.36/2016 before the Sub Court, Cherthala. In the appeal, they also filed I.A.No.2/2021(Ext.P3) under Order 41 Rule 27 read with Rule 151 of the Code of Civil Procedure, 1908 , to accept Exts.P4 and P5 agreements as additional evidence. According to the petitioners, those documents are vital for proper adjudication of the appeal and the non production of the same before the Trial Court was not intentional. It was contended by the petitioners that they could not produce those documents before the Trial Court in spite of due diligence. The respondent filed objection to Ext.P3 application stating that none of the three limbs of Order 41 Rule 27 CPC are attracted to admit the documents as additional evidence.

3. The learned Sub Judge, by E