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2017 (4) TMI 1490 - DSC - Indian LawsProduction of additional evidence in Appellate Court - existence of old dispute amongst appellants and respondents pertaining to property in question - HELD THAT:- Neither it was pleaded in the written statement by appellants/defendants that any such proceedings ever took place before SEM in year 1987 nor afore elicited additional document sought to be placed on record was placed before the Trial Court during Trial at any stage of the matter nor the said document is with respect to the portion of the suit property bearing no. 310, Chuna Bhatti, Mathura Road, Badarpur, New Delhi. It is the version of appellants/defendants as elicited from para-9 of reply on merits in written statement that defendants were living in the suit property as owners in their own rights and their possession at the most can be termed as adverse or hostile and too that after the order passed by the Probate Court is upheld by the High Court. The lapse and failure on the part of the applicant/appellant no-1/defendant no-1 to bring on record the document in question alongwith the written statement or any time later thereto, even during the course of evidence or later with permission of Court; brings into fore gross negligence on the part of applicant/appellant no-1 in production of the document in question at the opportune time before the Trial Court or even mentioning the same in the pleadings in the written statement before the Trial Court. This disentitles applicant/appellant no-1 for production in additional evidence, the document(s) sought to be placed on record. The application under consideration being devoid of merits, being not maintainable is hereby dismissed.
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