Law: Civil Procedure Code (V of 1908)

Section: 107,O.41,r.27

Civil Procedure Code (V of 1908)------ ----S. 107 and O. 41, r. 27­Document not filed with plaint-Not even relied on-Document was within knowledge of plaintiffs and they had ample oppor­tunity to produce it at proper stage-No explanation forth­coming for delay-Lack of diligence-Additional evidence not allowed. From the point of view of the appellants, the fresh evi­dence, sought to be produced, is of great importance. But this circumstance alone is not sufficient to entitle the appellants to ask the Court to exercise its powers under Order XLI rule 27 (b), Civil P. C. in their favour. The document was all along within the knowledge of the plaintiffs and they had ample opportunity to produce it at the proper stage. As already observed, no explanation has been offered for not producing it at that stage, although the suit remained pending for nearly two years. It is, therefore, obvious that the plaintiffs and their counsel betrayed gross lack of diligence in conducting the suit. Jawala Singh v. Jagdish Singh A I R 1941 Lah. 144, Sadhu Singh v. Mst. Harnaman A I R 1946 Lah. 444, Dasaundhi Khan v. Rabian Bibi A I R 1935 Lah. 648, Parsotim Thakur v. Lal Mahar Thakur I L R 1931, 10 Pat. 654 (P. C.) and Kessowji Issur v.. Great Indian Peninsula Railway I L R (1907) 31 Born. 381 (P. C.) ref. JUDGMENT MUHAMMAD KHURSHID ZAMAN, J.-This is a plaintiffs' appeal against the appellate decree of the Senior Subordinate Judge. Sialkot, dated 17th February 1949, confirming the decree of the Additional Subordinate Judge 1st Class, Sialkot, dated 25th October 1948. The facts of the litigation which have led to this appeal may be stated as follows. The appellants instituted a suit' against the respondents for possession of land measuring 5 marlas, alleging that they had encroached on the site in dispute, which forms part of Khasra No. 1753/628. of which they were the owners. It was further alleged that the en­croachment was made about two years before the suit. The defendants denied the plaintiffs ownership of field No. 1753/628. They also denied that they had encroached upon any land belonging to the plaintiffs. They further pleaded that the suit was barred by time and that they had…

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