Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8908 of 2018 Petitioner :- Arjun Sonkar Respondent :- Swayam Kumar And 2 Others Counsel for Petitioner :- Pradeep Kumar Sinha
Hon'ble Manoj Kumar Gupta,J.
The instant petition under Article 227 of the Constitution has been filed challenging an order passed by the Appellate Court on 17.10.2018 in Rent Appeal No. 22/2018 rejecting the application 32 Ga, whereby, the petitioner-tenant sought permission to adduce additional evidence. The Appellate Court has observed that none of the ground taken in the application comes within the ambit of Order 41 Rule 27 CPC.
The ground taken by the petitioner in the application for additional evidence was that he is an aged uneducated person and did not get proper legal advice in the lower Court. His counsel did not ask him to file affidavit of witnesses or to bring on record report of experts, therefore, the said lacuna was sought to be filled by bringing on record affidavits and expert report in appeal.
This Court does not find any illegality in the view taken by the Appellate Court in rejecting the application for additional evidence. In my considered opinion as well, the ground taken in the application do not make out a case for admitting additional evidence. The power under Order 41 Rule 27 is not to be invoked for permitting a party to fill lacuna in evidence.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 29.11.2018 AM/-