IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 458 OF 2010 IN SECOND APPEAL NO. 56 OF 2010 SHRI ARMANDO SEQUEIRA AND ANR., ... Applicants Versus SHRI. PEDRO TOMACINO LEITAO AND ANR., ... Respondents Mr. A.f. Diniz,Advocate for the applicants. Mr. Cleofato Almeida Coutinho, Advocate for respondent Nos.1 and 2. Coram:- A. P. LAVANDE, J. Date:- 4th October, 2010 P.C. Heard Mr. Diniz, learned Counsel appearing for the applicants and Mr. Coutinho, learned Counsel appearing for the respondents. 2. By this application, the appellants seek to produce the following documents : (a) Rectification Deed dated 14th July, 2010. (b) Judgment and Decree dated 27/04/2010 of the Court of the Civil Judge Senior Divison, Margao, in Special Civil Suit No.94/06/F. (c) Sale Deed of the respondent dated 31/12/1982 along with survey record and plan of survey no.107/6A of village Chinchinim. 3. In so far as document at serial no.(c) is concerned, Mr. Diniz has not pressed the relief. In so far as documents at serial nos.(a) and (b) are concerned, Mr. Diniz submits that the documents are relevant for deciding the issues involved in the appeal. Mr. Diniz placed reliance upon the judgment of the Apex Court in the case of North Eastern Railway Administration, Gorakhpur Vs. Bhagwan Das (D) By Lrs.; 2008 DGLS (Soft)490 and submits that the appellants are entitled to rely upon the said documents even before the appeal is admitted. 4. The prayer made by the appellants under Order XLI, Rule 27, C.P.C. is vehemently opposed by Mr. Coutinho,learned Counsel for the respondent on the ground that the documents are executed malafidely with a view to get out of the findings given by both the Courts below against the appellants. 5. In view of the ratio laid down in the case of Bhagwan Das (supra), I am of the considered opinion that the documents at serial nos. (a) and (b) of paragraph no.1 of the application, deserve to be allowed to be produced in terms of Order XLI, Rule 27, C.P.C.. The appellants are permitted to produce on record of Second Appeal No.96/2009 the documents at serial nos. (a) and (b) within one week. Needless to mention that all the contentions of the respondents on the merits of the said documents are kept open. The application stands disposed of accordingly. A. P. LAVANDE, J. SMA