Yashwant Sadashiv Kedage v. Grampanchayat Tung, Through Sarpanch And ORS
WP-11136-14.doc 09.02.2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11136 OF 2014 Yashwant Sadashiv Kedage .. Petitioner
Versus
Grampanchayat Tung and others .. Respondents Mr. Sachin K. Hande, for the Petitioner.
CORAM : R.M. SAVANT, J.
DATE : 09th FEBRUARY, 2015 P.C.
1.
The Writ Jurisdiction of this Court is invoked against the order dated 16th August, 2013 passed by the Learned District Judge1, Sangli, by which order the application Exh.17 filed under Order 41, Rule 27 came to be rejected.
2.
The said application is rejected on the ground that the documents which the Appellant/original Plaintiff seeks to produce were not produced before the Trial court and there is no explanation as to why the said documents were not produced and therefore, the Appellant could not be allowed to produce the said documents in the Appeal. In my view, unless the requirements of Order 41, Rule 27 are satisfied a party cannot be permitted to lead additional evidence. Hence, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.
[R.M. SAVANT, J] BGP.