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Supreme Court Of India

(From : AIR 2003 Guj 3)

Hon'ble Judge(s): B. P. Singh, Arun Kumar , JJ

(A) Civil P.C. (5 of 1908) , O.41 R.27(1)(b)— Additional evidence - Suit for declaration - Filed by State praying that suit land belonged to State Govt. - No plea by State that documents sought to be produced by way of additional evidence could not be produced earlier despite diligent efforts or that such evidence was not within its knowledge - Documents were @page-SC1865in fact part of Govt. record - Sole purpose for which State insisted upon adducing additional evidence was to persuade Court to accept point of view urged on behalf of State, since evidence on record did not support case of State - Held that, High Court rightly rejected applications filed by State for adducing additional evidence at stage of appeal which was intended only to fill up lacunae in its case. (Para 12) (B) Constitution of India , Art.136— Concurrent finding of fact - Lower Courts exhaustively considering evidence on record - No failure of lower Courts to consider material evidence which had bearing on findings recorded by them - Findings not perverse and suffering from no illegality - Cannot be interfered by Supreme Court under Art.136. (Para 21) .....