IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.3626/2008 Sunder Das VS. Nagar Palaika & Anr. 11.9.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Satya Narain Kumawat, for the petitioner. Shri B.K.Sharma, for the respondent. Heard learned counsel for the parties. I have perused the impugned order dated 25.3.2008 by which the application field by the petitioner before the learned appellate court for taking on record the document as additional evidence in appeal under order 41 rule 27 C.P.C. has been dismissed. I have perused the impugned order and heard learned counsel for the parties. As has been stated by the learned counsel for the petitioner the application has ben filed with a view to clarify the position regarding the confusion on account of some of the receipts having been issued in the name of the petitioner and some in the name of his brother Gopal Dass. The petitioner had submitted the application so that the aforesaid license under the Shop Act 1958 could not be filed to show that it was in the name of the petitioner. It was also stated that the application that it may not filed earlier as it was not readily available and had been misplaced. The learned lower appellate court while rejecting the application has held that the said license does not disclose the place for which the license has been issued. Apparently this is misreading of the document. The postal address of the Establishment (Shop) has been given in the said license. It was therefore wrong on the part of the lower appellate court to have held that the disclosure of the postal address does not amount to giving the location of the premises. The Establishment which is being run as a Tea Stall has been described as Sunder Sangam Tea Stall and the postal address of the said shop has been given therein. In the facts and circumstances therefore I find that the learned lower appellate court has committed error in rejecting the application. Consequently the impugned order is set aside and I am inclined to accept the application submitted by the petitioner for taking on record the aforesaid document, the license issued on 24.3.1965 under the Shop Act 1958. It is made clear that allowing by this application does not amount to expression of any opinion so far as the evidentiary value of the document is concerned nor on the merits of the submission which have been made by the petitioner. That is a matter for being considered by the learned lower appellate court while appreciating the material on record in its totality and deciding the appeal on merits. Subject to the above, this writ petition is accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS