TMI Blog2001 (11) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... filed against the the judgment and order dated 27.2.2001 passed by the High Court of Rajasthan at Jodhpur in S.B. Civil Revision No, 216 of 2001. The facts of the case are that-respondent filed a civil suit for specific performance of agreement to sell, dated 1.8.1992, of agricultural land and residential plot for a consideration of ₹ 1.50.000, Appellant submitted written statement on 18. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s closed his evidence and that defendant has neither submitted his own affidavit nor has made out a good cause for late production of the said documents. That order was challenged before the High Court of Rajasthan by filing Revision Petition, which was rejcted by impugned judgment and order dated 27.2.2001 by holding that there was no reference of the said documents in the written statement and n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the most, question would be - in rebuttal plaintiff should be given some oppor-tunity to lead the evidence but that can be done by the Court at appropriate stage. It is the say of the appellant that the documents were given to one Palaram. a Law Graduate and his trusted person, for producing it before the Court but he has lost them and thereafter he has filed the applications after obtaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iction in rejecting the applications filed by the appellant and that the order. If allowed, would occasion a failure of justice. The words material irregularity in exercise of jurisdiction do not cover either errors of fact or law. (Re. Keshardeo Chamria v. Radha Kissen Chamria and Ors., [1953] SCR 136). It is open to the appellant to raise this contention at the appellate stage, if decree is pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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