1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11849 OF 2011 IN FIRST APPEAL NO.821 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.S.R.Chavan, learned counsel for the applicant. Mr.P.C.Mayure h/f. Mr.P.P.Bafna, learned counsel for respondent no.3. Mr.S.B.Nandkhedkar, learned counsel for respondents no.1 and 2. CORAM : A.V.POTDAR, J. DATE : 18/11/2011 By this application under order XLI Rule 27 of The C.P.P., the applicant seeks leave to place on record certain documents, which are material in the interest of justice. Heard respective counsels. First Appeal Stamp No.7402/2011 is preferred by the applicant, who was arrayed as original respondent no.1 in M.A.C.T.No.32/2006 against whom 2 judgment and award came to be passed on 02/12/2009. It appears that the same judgment and award was decided ex- parte. It is alleged that the summons of the said M.A.C.P. was not served at him and in his absence, the said M.A.C.P. came to be decided. In the record placed before the M.A.C.P., this applicant was shown as the registered owner and in the said accident, death of deceased Vaibhav, son of respondents no.1 and 2, was occurred. It is alleged that the applicant came to know about the judgment and award came to be passed against him. Even though, he has moved learned M.A.C.P. to set aside the judgment and award under Order 9 Rule 13 of The C.P.C., the said relief was turned down, hence he has preferred first appeal. In the said first appeal, he intends to produce certain documents which shows that as per the R.T.O. Record, at the time of alleged accident, he was not the owner of the vehicle involved in the accident. By 3 this application, he seeks leave to produce those documents on record under Order XLI Rule 27 of The C.P.C. Considering these submissions and as the judgment and award passed against him ex-parte, rightly or wrongly, but if as per the R.T.O. Record, he is not the registered owner of the vehicle involved in the accident as the vehicle was already transferred in the name of somebody else, it is necessary to allow him to place those documents on the record. In the light of this, application is allowed in terms of prayer clause A & B and stands disposed of. (A.V.POTDAR, J.) khs/Nov. 2011/cz11849-11