44. Production of additional evidence before Director.
(1)The appellant shall not be entitled to produce before the Director or the Commissioner as the case may be, any evidence, whether oral or documentary, other than the evidence produced by him during the course of proceedings before the Revenue Officer except in the following circumstances:-(a)where the Revenue Officer has refused to admit evidence which ought to have been admitted; or(b)where the appellant was prevented by sufficient cause from producing the evidence which he was called upon to produce by the officer; or(c)where the appellant was prevented by sufficient cause from producing before the Revenue officer any evidence which is relevant to any ground of appeal; or(d)where the Revenue Officer has made an order without giving sufficient opportunity to the appellant to adduce evidence relevant to any ground of appeal.(2)No evidence shall be admitted under sub-rule (1) of this rule unless the Director or the Commissioner as the case may be, the Commissioner records in writing the reasons for its admission.(3)The Director or the Commissioner as the case may be shall not take into account any evidence produced under sub-rule (1) of this rule unless the Revenue Officer has been allowed a reasonable opportunity:-(a)to examine the evidence or document or to cross-examine the witness produced by the appellant; or(b)to produce any evidence or document or any witness in rebuttal of the additional evidence produced by the appellant.Explanation - For the purpose of this provision, Revenue Officer means Director, or Land Revenue & Settlement, or Collector, or Settlement Officer or Assistant Settlement Officer.PART-9 Land Records
