1 CA St. 5312.2011 in SA 127.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION STAMP NO.5312 OF 2011 IN CIVIL APPLICATION NO. 208 OF 2010 IN SECOND APPEAL NO. 127 OF 2010 Sumanbai W/o Sheshrao Thombare .... APPLICANT VERSUS Pandit Indarrao Borade ... NON APPLICANT Mrs. A.S.Rasal,Advocate for the applicant. CORAM : S.V. GANGAPURWALA, J. DATE : 23/02/2011 PER COURT : 1. Heard the learned counsel for the applicant. 2. This is an application for production of additional evidence in Review application. The applicant seeks to produce xerox copy of Batai Patra, which according to the applicant is executed by present non 2 CA St. 5312.2011 in SA 127.2010 applicant. 3. The Review application is to be entertained on an error apparent on the face of record. The Batai patra was not produced in the trial Court nor before lower appellate Court nor during the pendency of Second Appeal nor at the time of filing Review application. In the memo of review petition, the factum of Batai patra is also not stated. The said Batai patra is also xerox copy and same is inadmissible in evidence. The document which is inadmissible in evidence, can not be allowed to be produced. Even in all the proceedings right from trial Court to this Court, it is not the case of the plaintiff that the defendant had executed any written Batai patra nor any date, month or year of execution of Batai patra is stated in the pleadings. 4. In the light of above facts and reasons, the present application is rejected. [S.V. GANGAPURWALA, J.] knp/CA St. 5312.2011 in SA 127.2010