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2019 (5) TMI 438 - SC - Indian LawsProduction of additional evidence before the State Commission in the pending Appeal - production of additional evidence at the appellate stage - HELD THAT:- A party can produce additional evidence at the appellate stage, if it establishes that notwithstanding the exercise of due diligence, such evidence was not within its knowledge, or could not even after the exercise of due diligence, be produced by it at the time when the decree appealed against was passed. These documents are of relevance to establish that the Appellants are not in a position to obtain the Occupancy Certificate from the MCGM until the unauthorized structures, which are in violation of the approved plans, are removed. In the absence of these documents, the Appellants would not be in a position to substantiate their case that they are unable to obtain the Occupancy Certificate, and comply with the directions issued by the District Forum. The State Commission was in error by rejecting the Application filed by the Appellants under Order XLI Rule 27, CPC by merely stating that the documents are “not necessary”. The said Order is an unreasoned one. The State Commission must have taken a holistic view of the matter - the Interim Order dated 10.12.2015 passed by the State Commission is hereby set aside. The matter is remitted to the State Commission to take the additional documents on record, and decide the Appeal on merits in accordance with law - Appeal allowed.
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