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Head Note

The Code of Civil Procedure, 1908  - Order XLI Rule (27)

Additional evidence - Urban Improvement Trust (UIT) disclosed that the land in question had been acquired and the appellants with other co-owners were asked to receive the compensation - Predecessors of the appellants filed suit for seeking an injunction and declaration but not produced any oral and documentary evidence to prove the disputed property as their personal property - Suit of the plaintiff dismissed - In appeal appellants filing application under Order 41 Rule 27 CPC to adduce additional evidence - Application rejected by the Appellate Court and the High Court - The original plaintiff passed away during the pendency of the civil suit - The opportunity to produce documents on record available to the legal representatives of the deceased plaintiff - Application for additional evidence allowed - matter remanded back to the trial Court for fresh decision.

Topic(s)-Additional Evidence