M/s Vikas Rice Mills v. M/s Lekh Raj Ashok Kumar Commission

25.11.2011 vide which the application for additional evidence to produce the income tax returns of the plaintiff, now respondent, was allowed. Briefly stated, the plaintiff filed suit for recovery on the allegation that amount in question is due on account of sale of paddy. By way of income tax returns, the plaintiff, now respondent, wanted to show that in income tax returns the amount due to the plaintiff have been shown. Learned counsel for the petitioner has submitted that CR No. 7819 of 2011 -2- previously, an application for additional evidence was moved and that was dismissed and thereafter, the present application for additional evidence has been moved just to fill up the lacuna in the case. I have carefully considered the said submission, but do not find any force in that submission. The trial Court is the only forum where the evidence can be led. Otherwise, the party has to apply under Order 41 Rule 27 CPC in the appeal. The plaintiff wants to produce the income tax returns which document cannot be opposed in any manner. The trial Court has rightly held that above said evidence is essential for just decision of the case. No ground for interference is made out. Consequently, the petition stands dismissed.

9.1.2012 ( K.C. Puri ) Judge