1 CA 9800.2010 SA 793.2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9800 OF 2010 IN SECOND APPEAL NO. 793 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.M.Bhokarikar,Advocate for the applicant. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 20/04/2011 PER COURT : 1. This is an application seeking production of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure. Mr. Bhokarikar, the learned counsel states that the documents are the affidavits of old aged persons which would throw light on the controversy involved in the matter. Order XLI Rule 27 of the Code of Civil Procedure can be invoked for production of an additional evidence. As per Section 1 read with Section 3 of the Evidence Act, the affidavit is not an evidence. When the affidavit itself is not an evidence, no question arises of invoking Order XLI Rule 27 of 2 CA 9800.2010 SA 793.2009 the Code of Civil Procedure. 2. In that light of the matter, the present application is rejected. Mr. Bhokarikar, the learned counsel seeks some time to work out the matter. Stand over for one ( 1 ) week i.e. 27/4/2011 as a last chance. [ S.V. GANGAPURWALA,J. ] KNP/CA 9800.2010 in SA 793.2009