IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 147 of 2008 Harishchandra B. Agrawal ..vs.. Hamid Khan B. Pathan(Dead) thru LR's Joharabee H. Pathan and others. ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri P.N.Mehta, Advocate for applicant. Shri Nitin Vyawhare for R-1(c), 1(e) and 1(h). Coram: A. P. BHANGALE, J. Dated: 3rd July, 2008. Heard. By this application, the applicant prayed for permission to produce entire proceedings of the Revenue Case on the ground that under Order 41 Rule 27 of the Code of Civil Procedure, the first appellate Court had allowed certain documents to be taken on record pertaining to the revenue case. Learned Advocate for respondents strongly opposed the prayer made in the application on the ground that at the stage of Second Appeal, the appellant is not entitled to produce additional evidence before this Court unless it is shown that the first appellate Court had refused to admit the evidence, which ought to have been admitted or unless the applicant (appellant) satisfies this Court that such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced at the stage of first appeal. Be that as it may, the second appeal has to be heard within the restraints under Section 100 of Code of Civil Procedure at the time of hearing on the substantial questions of law as formulated in the memo of appeal, in that event this Court may require the documents be produced before it or before sub ordinate Court as may be directed. The applicant cannot seek permission to file entire proceedings of revenue case without justification as may be permissible under Order 41 Rule 27 of CPC. I do not find any ground made out under Order 41 Rule 27 for to allow the applicant to produce entire proceedings of revenue case. The application is, therefore, rejected. It is made clear that final decision of the revenue case in the form of judgment may be referred, if at all learned Advocate for the applicant wants to refer it at the time of final hearing of the appeal. JUDGE Andurkar.