(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Rule.
Learned Counsel Mr. Nalin Thakkar waives service of notice of rule on behalf of opponents that is original appellant.
2. This application has been filed by the Kutch District Panchayat original plaintiff seeking permission to produce additional documents and evidence on record in First Appeal No. 1686 of 2003. Along with application, the applicant District Panchayat has produced copy of work order dated 18.3.1987 granted in favour of the present applicant, copy of notice as well as order dated 22.1.1990 extending time limit for execution of work as also further correspondence between the parties and other related documents.
3. Learned Counsel for the applicant submitted that such documents are required to be taken on record in the form of additional evidence for which purpose, permission under the provisions of Order 41, Rule 27 of the Code of Civil Procedure may kindly be granted.
4. Learned Counsel Mr. Nalin Thakkar for the opponents raised no objection to such documents being brought on record in the form of additional evidence.
5. Apart from the above position, we are of the opinion that such documents are necessary to enable us to pronounce the judgment and for proper appreciation of the controversy between the parties. In fact, without aid of such documents and in particular, work order issued in favour of opponents herein, it would be quite difficult for us to resolve number of issues which are arising in the first
6. In the result, this civil application is allowed. Documents annexed to the Civil application are permitted to be brought on record in the first appeal in the form of additional evidence. Civil Application is disposed of accordingly.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top