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M.K.MOHANAN v. M.K.KARTHIKEYAN - CRP No. 894 of 2000(A)  RD-KL 12173 (5 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRP No. 894 of 2000(A)
For Petitioner :SRI.PIRAPPANCODE V.SREEDHARAN NAIR
For Respondent :SRI.P.JACOB VARGHESE
The Hon'ble MR. Justice M.N.KRISHNAN
O R D E R
M.N.KRISHNAN, J.C.R.P.No. 894 OF 2007 A
Dated this the 5th July, 2007.
O R D E RThis revision is preferred against the order of the Subordinate Judge, Cherthala in I.A.988/99 in A.S.29/94. The said application was one for reception of documents in appeal under Order XLI Rule 27 CPC. As per Order XLI Rule 27 additional evidence can be received in appeal when the court is satisfied that the party was not in custody of the document or was unable to produce the document in spite of due diligence and that it is necessary for the disposal of the case. There is nothing in the affidavit or by way of evidence that the present revision petitioner was not in a position to produce the document at the stage of the trial nor there is any proper explanation to show that in spite of due diligence he was not in a position to produce the document. The court below has correctly followed the legal principles and dismissed the application under Order XLI Rule 27 CPC. It does not suffer from any material irregularity or illegality which warrants interference at the hands of the court. Therefore C.R.P is dismissed. M.N.KRISHNAN Judge jj
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