Law: Civil Procedure Code (V of 1908)

Section: 151

Civil Procedure Code (V of 1908) S. 151-Production of additional evidence in trial Court-Authority rests with Court to grant permission-Production of such evidence, held, -not a matter of right but dependent on discretion of Court.- a [Evidence]. Date of hearing : 16th July, 1980.                                                                                                                     ORDER MUSHTAQ HUSSAIN, J.-Shakir Ali Khan etc. filed a civil suit praying for a mandatory injunction requiring the respondents to remove the walls and keep open the passage of Koocha Khas for the petitioners. A copy of the plan was attached with the plaint. The respondents contested the suit. When the case came up for final arguments the petitioners moved an application for permission to prove the site plan which had been annexed to the plaint but which had not been proved at any stage when the evidence was recorded. This prayer was rejected on the ground that meanwhile another plan had already been exhibited. 2. The petitioners felt aggrieved and moved the District Judge in his revisional jurisdiction. Their prayer did not find…