1997 (9) TMI 615

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.... of the Court was delivered by M. JAGANNADHA RAO, J.   Leave granted.   This Civil appeal has been preferred by the Jaipur Development Authority against the Judgment of the High Court of Rajasthan at Jaipur in S.B. Civil First Appeal No. 19 of 1995 dated 10.12.1996. By that Judg-ment, the High Court rejected an application filed by the appellant for leading "additional evidence" un....

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.... got impleaded in the trial Court as a defendant. The suit was decreed ex-parte. Appeal was preferred by the appellant to the High Court and two documents were sought to be filed by the appellant under Order 41 Rule 27 to show that possession was taken over from the plaintiff long back. This application was rejected by the High Court on the ground that the appellant-defendant had not adduced any e....

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.... due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or   (b)...................................................................   the appellate court may allow such evidence to be produced or witness to be examined.   (2).........................

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....ndition not contemplated by the sub-rule. No distinction was intended by the sub-rule between a party who has produced some evidence in the trial court and one who has adduced no evidence in the trial court. All that is required is that the conditions mentioned in the body of the sub- rule must be proved to exist. It is not permissible to restrict the sub- clause (aa) for the benefit of only those....