IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.57 of 2009 SITA DEVI Versus CHATURBHUJ SINGH & ORS ----------- 2 16.1.2009 Heard counsel for the petitioner. This Court, on perusal of the application seeking leave of the court for additional evidence filed by the appellant-opposite party as also its rejoinder filed by the respondent-petitioner, is satisfied that the evidence of late Kishori Devi, though sought to be adduced in evidence in the trial court through the Advocate Commissioner Tapeshwar Singh, who had recorded her evidence, could not be taken on record. This fact that such certified copy of deposition of late Kishori Devi was filed in the trial court, in fact, was also not clearly and categorically controverted by the petitioner. That being so, if the court below has recorded a finding that such document, the deposition of late Kishori Devi, is a relevant document for just decision of the case, this Court, exercising its power under Section 115 of the Code of Civil Procedure, would not interfere in the matter. Accordingly, there is no error in the impugned order and this application is dismissed. Rsh (Mihir Kumar Jha, J.)