IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 5 OF 2009 SHRI. KRISHNA BOMBO DESSAI AND ANR., ... Petitioners Versus SMT. DEVKI SHABA DESAI AND 6 ORS., ... Respondents Mr. Anirudha A. S. Borkar, Advocate for the Petitioners. Coram:- N. A. BRITTO, J. Date:- 11th June, 2010 ORDER : Heard. The Writ Petitioners are the defendants before the learned District Judge in Regular Civil Appeal No.17/2007. 2. The respondents herein have been duly served, but have chosen to remain absent. The grievance of the petitioners is that an application filed by them for production of additional documents under Order 41, Rule 27 has been dismissed by the trial Court which otherwise had to be considered by the trial Court along with the appeal as required by the Apex Court in the case of State of Rajasthan V/s. T.N. Sahani & Ors. (2001 (10) SCC 619). 3. The Apex Court in the above said case has clearly stated that it is always open to the Court to look into the documents and for that purpose amended provision of Order 41 Rule 27(b) CPC can be invoked and the application under Order 41 Rule 27 should have been decided along with the appeal. It appears that the parties did not bring to the notice of the Court the above said decision. As a result, the impugned order is set aside and the learned District Judge is hereby directed to reconsider the said application dated 20/06/2008 at the time of hearing and deciding the appeal, after hearing both the parties. With the above observations, the Writ Petition is disposed of. N. A. BRITTO, J. NH