C.R. No.4897 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4897 of 2010 (O&M) Date of Decision: 16.8.2010 Tek Chand ……Petitioner VERSUS Sombir and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Sanjay Mittal, Advocate for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 24.4.2010 passed by Addl. District Judge, Narnaul, whereby the Ap- pellate Court permitted the appellants/respondents to place on record C.R. No.4897 of 2010 (O&M) -2- additional evidence. Learned first Appellate Court in the impugned order has observed that family settlement sought to be filed as addi- tional evidence has already been pleaded by the parties. Learned first Appellate Court also recorded that Court requires document to enable the Court to pronounce the judgment. 2. Order 41 Rule 27 reads as under:- “27. Production of additional evidence in Appellate Court:- (1) The parties to an appeal shall not be en- titled to produce additional evidence, whether oral or documentary, in the Ap- pellate Court. But if- (a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or [(aa)the party seeking to produce addi- tional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or] (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for C.R. No.4897 of 2010 (O&M) -3- any other substantial cause, the Appellate Court may allow such evidence or document to be pro- duced, or witness to be examined. (2) Whenever additional evidence is al- lowed to be produced by an Appellate Court, the Court shall record the reason for its admission.” 3. Additional evidence can be permitted to be produced dur- ing the appeal in three contingencies:- i) when additional evidence sought to be produced was refused by the lower Court to admit as evidence; ii) when party seeking permission to place on record ad- ditional evidence was not aware of the evidence despite of the exercise of due diligence; iii) when Appellate Court requires such additional evi- dence or any witness to be examined to enable the Court to pronounce the judgment. 4. In the present case, learned Appellate Court has invoked third contingency that Court requires family settlement for fair adjudi- cation of the lis between the parties. 5. Ordinarily jurisdiction of this Court under Article 227 of the Constitution of India should not be invoked when Court below has rightly exercised the discretion. While exercising the discretion ad- mitting the additional evidence during the appeal, in the opinion of C.R. No.4897 of 2010 (O&M) -4- this Court, Appellate Court has not committed any jurisdictional or le- gal error. No interference is called for. 6. Hence, the petition is dismissed with no order as to costs. ( ALOK SINGH ) 16th August, 2010 JUDGE ashish