221fa88.97.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No. 88 of 1997 (Satyajeet Ashokrao Deshmukh .vs. Pramod Vinayakrao Deshmukh and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : January 22, 2010 Civil Application No. 1772 of 2009 This is an application under Order XLI, R 27 of the Code of Civil Procedure for production of additional evidence. The provisions of O XLI, R 27 being relevant are reproduced below : “27. Production of additional evidence in Appellate Court - (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate 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 additional 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 221fa88.97.odt 2 . (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Whenever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission. “ From the aforesaid provisions, it is apparent that the parties to appeal are not entitled to produce additional evidence whether oral or documentary in the Appellate Court. However, if the case is made out under clause (a), (aa) and (b), under sub-rule (1) of the Rule 27 re-produced above, the Appellate Court may allow production of additional evidence. After going through the contents of the application, it is apparent that the reason for production of additional evidence, as stated in the application is that, during pendency of the appeal the appellant has paid an amount of Rs.63,000/- over his treatment and further expenses are required to be spent are of Rs.40,000/-. Learned Counsel further states that, in terms of order dt. 4.12.2009, separate affidavit has also been filed. However, taking into consideration the averments made in the application, I do not find that a case is made out under Order XLI 41, R 27 for grant of permission to produce additional evidence on record. Hence, this Civil Application is rejected. 221fa88.97.odt 3 . Civil Application No. 1773 of 2009 Heard. This is an application u/s. 151 of the Code of Civil Procedure for taking note of subsequent events. By this application the applicant wanted to bring on record subsequent events in respect of disability which he has suffered due to head injury. However, such a claim should have been made before the Tribunal in the Claim Petition itself. The applicant has made a claim for 50 % permanent partial disability. In view of that, the instant application cannot, therefore, be allowed at this appellate stage. The same is, therefore, dismissed. Civil Application 165 of 2010 Heard. This application is moved under Order V, R 17 of the Code of Civil procedure for amendment of the plaint. From the proposed amendment, it appears that the appellant/claimant wants to enhance his claim for compensation on the basis of subsequent events. The claim petition filed by the appellant discloses that the claim was also made for future expenses. Hence, the claim made by way of proposed amendment should have been made at the time of filing of the claim petition. The claim petition has already been allowed. Now, at this stage therefore, the application for amendment cannot be partially allowed. The same is, therefore, rejected. JUDGE jais 221fa88.97.odt 4 .