KBP 2549-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2549 OF 2009 Natwar Nagjibhai Parekh ..Petitioner Vs. Smt.Revaben Shantilal Mehta ..Respondent ......... Mrs.V.B.Dighe, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 27 th August, 2009. P.C. : 1] Heard learned counsel for the petitioner. When the matter was called out in the morning session none appeared for the respondent. When the matter is called out in the afternoon, none appeared for the respondent. 2] The learned counsel appearing for the petitioner states that by filing application for additional evidence, the petitioner is desirous of producing the certified copies of the of the documents obtained on 13 th June, 2008 under the Right to Information Act, 2005. The said documents have been annexed at page Nos.22-C to 22-J of this Petition. The application made by the petitioner original plaintiff under Rule 27 of Order XLI of the Code of Civil Procedure, 1908 has been rejected by the impugned order. 3] The documents have been obtained by the petitioner in June-2008 and the application under Rule 27 of the Order XLI of the said Code was made on 25 th September, 2008. According to the petitioner the said documents show that during the pendency of appeal, the respondent has KBP 2549-09.sxw 2 inducted third parties in the suit premises. The documents which are sought to be produced could not have been produced during the pendency of the suit and in fact the said documents were not in existence when the suit was pending. 4] In the circumstances, a case was made out for grant of permission to the petitioner to produce the said documents. Accordingly, the petition deserves to be partly allowed and I pass the following order: (a) The impugned order dated 4 th December, 2008 is modified and the petitioner is permitted to produce by way of additional evidence the documents obtained by the petitioner from the Information Officer the copies of which have been annexed at Page Nos.22-C to 22-J of this petition. ( A.S.OKA, J. )