1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3298 of 2010 Dattatray Shyamrao Patil ... Petitioner versus Smt.Akkatai B. Patil & Anr ... Respondents ... Mr. Prashant P. Jadhav for the petitioner. CORAM : D.G. KARNIK, J. DATED : 29th June 2010 P.C. 1. The writ petition is directed against an order dated 20 October 2009 passed by the District Judge, Kolhapur rejecting petitioner’s application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure (for short “the Code”). 2. Production of additional evidence in appeal is not a matter of right. The evidence must be adduced in the trial court. It is only in exceptional cases which fall under Order 41 Rule 27 of the Code that additional evidence can be allowed in appeal. On being asked, learned counsel for the petitioner was unable to point out any ground falling under Rule 27 of Order 41 of the Code. No case is made out by the petitioner that evidence was sought to be adduced in the trial court but 2 it refused to allow it nor has the petitioner made out a case that the evidence could not be produced in the trial court notwithstanding exercise of due diligence or that such evidence was not within the knowledge of the petitioner. 3. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK,J.)