C.R.No.62 of 2006(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 62 of 2006(O&M) Date of Decision: December 07, 2009 Vijay Kumar ...........Petitioner Versus Smt Jas Rani and others ..........Respondents Coram: Hon'ble Mrs.Justice Sabina Present: Mr.A.K.Chopra, Senior Advocate with Mr.Sandeep Jain, Advocate for the petitioner. None the respondents. -- Sabina, J. (oral) Plaintiff-Jas Rani filed the suit for declaration to the effect that she was owner in possession of the suit land. The suit filed by the plaintiff was dismissed vide judgment and decree dated 8.10.2004. Aggrieved by the same, plaintiff preferred an appeal bearing No.152/2.11.2004. In appeal, plaintiff moved an application under Order 41 Rule 27 of the Code of Civil Procedure for permission to lead additional evidence. Vide the impugned order dated 12.12.2005, the said application was allowed. Hence, the present revision petition. After hearing the learned counsel for the petitioner, I am of C.R.No.62 of 2006(O&M) 2 the opinion that the instant petition is devoid of any merit and deserves to be dismissed. The plaintiff by way of additional evidence wanted to produce on record the site plan by summoning clerk of Municipal Committee Mukerian. Vijay Kumar had got the site plan sanctioned on 11.4.2000. The learned Additional District Judge rightly held that the site plan got sanctioned by Vijay Kumar- defendant No.1 was not in the knowledge of the plaintiff. Since there was some dispute with regard to the identity of the property in dispute, the site plans got sanctioned by the plaintiff as well as defendant No.1 were essential for proper adjudication of the matter in controversy. As per Order 41 Rule 27 of the Code of Civil Procedure, the application for permission to lead additional evidence can be allowed in case it enables the appellate Court to pronounce the judgment or for any other substantial cause. In these circumstances, it cannot be said that the application had been allowed in contravention of Order 41 Rule 27 of the Code of Civil Procedure. No ground for interference is made out. Dismissed. ( Sabina ) Judge December 07, 2009 arya