2021 (12) TMI 1544

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....., Ms. Manju Jetley, AOR. For the Respondent : None. ORDER Leave granted. (2) The appellant herein was the plaintiff in Civil Suit No. 30A/2017 on the file of the First Additional District Judge, Balode, and the respondent was the defendant. The parties are referred to by their respective ranking before the Trial Court. (3) The plaintiff filed the said suit for specific perform....

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....gment, without considering the said application. The plaintiff has challenged the legality and correctness of the judgment of the High Court in this appeal. (5) Though notice was served on the respondent/defendant but no one has entered appearance on his behalf. (6) Heard learned counsel for the appellant and perused the materials placed on record. (7) Learned counsel for the appellant-pl....

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....t deciding the application for additional evidence would result in miscarriage of justice. The First Appellate court, being the last court of facts and evidence, should permit the production of additional evidence where the explanation furnished by the party is satisfactory and the documents in question are vital to establish the case. (9) It is also necessary to observe here that the applicati....