1 14237.10CA FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 14237 OF 2010 IN SECOND APPEAL NO. 661 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 20th December, 2010 PER COURT : This is an application for production of additional evidence under Order 41 rule 27 of Civil Procedure Code. Shri Bhavthankar, learned Counsel for the respondent resist the application on the ground that the circumstances and ingredients required for allowing the application for production of additional evidence are not at all satisfied, no reasons are mentioned for non production of the said evidence at an earlier stage. 2. Shri Bhavthankar, learned Counsel states that the ingredients which are required for allowing an application for additional evidence are not satisfied and the application itself is not sustainable. 2 14237.10CA 3. The documents sought to be produced on record are the certified copies of the Judgment delivered by the Courts in the suit filed by the present respondent himself, so also the criminal proceedings. Civil Suit was filed by the present respondent No. 1 for declaration about the status of Anusayabai that she is not being legally wedded wife of Uttam. In fact, the present respondent should have produced these copies in all fairness, suppression of the documents would tantamount to a fraud on the Court. Respondent himself had initiated the said proceedings, the present appellant was not a party to the said proceedings. The decision in the said suit would be relevant and material for effective adjudication of the present lis. 3. In the light of above, application is allowed in terms of prayer clause ‘A’. Civil Application is disposed of. [ S.V. GANGAPURWALA ] JUDGE SDM*