1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPLICATION NO.217 OF 2011 IN FIRST APPEAL NO. 1736 OF 2009 Laxmandas U. Keswani & Ors. ...Appellant/Applicant Versus Ashok U. Keswani & Ors. ...Respondent Mr.Suresh Malkani for the Appellant/Applicant Mr.Girish Agarwal for the Respondent CORAM:- A.V.NIRGUDE J. DATED:- 13th DECEMBER, 2011. P.C. 1. This Civil Application seeks recording of additional evidence. The appellant-defendant was trying to prove a ‘Will’ before the Lower Court. He examined one of the attesting witnesses of the Will and preferred not to adduce evidence of other witness. There was nothing wrong in doing so. But the appellant-defendant now realized that the learned Judge of the Trial Court did not rely on the deposition of the witness examined by him. So the appellant-defendant wants permission of this court to record deposition of another attesting 2 witness of the Civil. This, certainly is not permissible for two reasons. The appellant- defendant chose to record deposition of one of the witnesses which was ordinarily sufficient to prove the Will. Second reason is that even in the appeal, this court might hold after appreciating the evidence that the Will is proved on the basis of the evidence that has come on record. The appellant, therefore, cannot be allowed to improve upon his case. Application stands rejected. (A.V.NIRGUDE, J.)