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Plaintiff Mange Ram (appellant before the lower appellate court) has filed this revision petition under Article 227 of the Constitution of India assailing order dated 11.05.2012 (Annexure P-4) passed by the lower appellate court, thereby dismissing application (Annexure P-2) filed by the petitioner for additional evidence in pending first appeal.

Suit filed by the plaintiff stands dismissed by the trial court, vide judgment and decree dated 14.09.2011 (Annexure P-1). Plaintiff has filed first appeal assailing judgment and decree of the trial court. In first appeal, petitioner moved application (Annexure P-2) for additional evidence alleging that Parat Patwar and Parat Sarkar of inheritance mutation of Darka - sister of plaintiff's father and two jamabandis (one prior to the death of Darka and the other subsequent to her death) are required to be produced in evidence for proper adjudication of the appeal.

I have heard counsel for the parties and perused the case file. Counsel for the parties reiterated their aforesaid respective stands. Counsel for the petitioner, however, also submitted that Parat Patwar and Parat Sarkar of another mutation of inheritance of Chandro are also required to be produced in evidence for proper adjudication of the appeal.

I have carefully considered the matter.

In so far as additional prayer of counsel for the petitioner for producing Parat Patwar and Parat Sarkar of inheritance mutation of Chandro is concerned, the same cannot be permitted in the instant revision petition because the same was not even sought for in application (Annexure P-2) filed in the lower appellate court and consequently, the said documents cannot be allowed to be produced by additional evidence by making prayer for the first time in the revision petition in this Court. On the other hand, even in prayer paragraph of the instant revision petition, permission has been sought for the additional evidence mentioned in application (Annexure P-2) only. Consequently, prayer of counsel for the petitioner for producing Parat Patwar and Parat Sarkar of inheritance mutation of Chandro is rejected outrightly.

As a necessary consequence of the discussion aforesaid, the instant revision petition is allowed. Impugned order (Annexure P-4) passed by the lower appellate court is set aside. Application (Annexure P-2) filed by the petitioner in the lower appellate court for additional evidence is allowed and petitioner is permitted to produce Parat Patwar and Parat Sarkar of inheritance mutation of Darka and two jamabandis (one prior to the death of Darka and the other subsequent to her death), subject to payment of Rs.15,000/- as costs precedent. Respondents shall be granted appropriate opportunity by the lower appellate court to lead evidence in rebuttal of the aforesaid additional evidence of the plaintiff-petitioner.