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Head Note

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

Again a petition for production of documents Pending appeal (pending trial produced, trial court dismissed and High court confirmed the same) - Allowed - High court confirmed the same - Apex court held that As we find, it is extremely difficult to put the case under Order XLI Rule 27 (1)(b) to suggest that it is necessary to take the documents on record in the interest of justice and, additionally, when the said documents were rejected to be taken on record by the trial court and the said rejection had been affirmed by the High Court - We are conscious, the spectrum that can be covered under Order XLI Rule 27 (1)(b) may be in a broader one but in certain cases judicial propriety would be an impediment and the present case is one where the judicial propriety comes on the way - Therefore, we are of the considered opinion that the appellate court has erred in taking recourse to the said clause and allowing the application for taking additional evidence and similarly the High Court has committed illegality opining that the order passed by the lower appellate court does not suffer from any infirmity.

Topic(s)-

Important Decision(s)- Order XLI Rule 27 (1)(b)of CPC to suggest that it is necessary to take the documents on record in the interest of justice.