0102caf241.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F. NO.241 OF 2010 IN F.A.NO.69 of 2010. Ravishankar B.Dhelia and anr. ..vs.. Arti Manishkumar Goyal and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.S.P.Bhandarkar Adv. for the appellants. CORAM : R.M.SAVANT, J. DATED : 1st February, 2011. By the above civil application, the applicants, who are the appellants, seek leave to produce additional evidence by having recourse to Order 41 Rule 27 of the C.P.Code. The subject-matter of the above proceedings is the partition of the properties. By way of additional evidence, the applicants, who are the original plaintiffs, seek leave to produce a certified copy of the judgment dated 31/03/1993 in Succession Case No.MJC 17 of 1991 (Beniprasad ..vs.. Sau.Munnibai and ors.). The same finds place in paragraph no.4 of the civil application. The learned counsel for the applicants states that the said judgment could not be produced at the trial as same was not available with the applicants. He further submits that the said judgment has relevance in the context of the controversy which is in the above First Appeal. In my view, considering the aforesaid facts, the civil application is required to be allowed and the same is accordingly allowed. The applicants would be entitled to rely upon the said certified copy of the judgment dated 31/3/1993 in M.J.C.No.17 of 0102caf241.10.odt 2 1991. The same to be placed by the applicants on record by way of an affidavit. Needless to say that the relevancy of the said judgment shall be gone into at the time of hearing of the First Appeal. The civil application is accordingly disposed of. JUDGE chute