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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

JUDGMENT

S.B. CIVIL WRIT PETITION NO.5269/2004

Abdul Ajij Vs. The Board of Revenue, Ajmer & Ors.

Date of Order :

21.02.2012

HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Arvind Bhardwaj, for the petitioner.

Mrs. Kamla Jain, for the respondents.

This petition has been filed against the order dated

28.03.2003, passed by the Board of Revenue, Ajmer, whereby

the Board of Revenue has held that RAA, Kota in the course of

hearing of an appeal against an order and decree dated

30.07.1987 passed by the Deputy District Collector, Kota had

mechanically and irregularly exercised its jurisdiction to allow

an application under Order 41 Rule 27 CPC and take four

documents on record vide its order dated 04.08.1998.

I have heard the counsel for the petitioner and

perused the writ petition as also the impugned orders.

Order 41 Rule 27(1) CPC provides that the parties to

an appeal shall not be entitled to produce additional evidence,

whether oral or documentary, in the Appellate Court. The

exception to the Rule has been stated in clause (a), (aa) and (b)

of sub-rule 1 aforesaid. For a party to file d