1. HEARD Learned Counsel for the parties on application under Order 41 Rule 27 CPC.
2. COMPLAINAN T -Respondent filed complaint before State Commission for loss of insured stock due to water. Learned State Commission after hearing both the parties allowed complaint and directed opposite party to pay Rs. 10,61,466/ - towards the loss and Rs. 1.00 lakh as compensation. Opposite party filed appeal alongwith certain documents which were not forming part of the record of State Commission. Later on, appellant filed application under Order 41 Rule 27 CPC and submitted that documents annexed with application namely insurance policy, survey report and repudiation letter, could not be produced before State Commission in spite of bonafide efforts and due diligence and only at the time of filing appeal, these documents were traced and made available to the counsel which may be taken on record.
3. LEARNED Counsel for Appellant submitted that these documents are necessary documents for disposal of appeal and as they could not be filed before the State Commission, they may be taken on record and appeal be decided after considering these documents. On the other hand, Learned Counsel for Respondent submitted that as documents were not filed before State Commission and no reasonable explanation has been given for not filing documents before State Commission, application may be dismissed.
Perusal of record clearly reveals that complainant filed complaint on account of loss of insured stock due to water. By this application, opposite party wants to place on record copy of insurance policy which cannot be disputed by complainant. The opposite party appointed surveyor who submitted survey report and later on claim was repudiated by opposite party vide repudiation letter. In such circumstances, survey report and repudiation letter which gave cause of action to the complainant are also necessary documents for disposal of appeal. No doubt, these documents should have been filed by opposite party before the State Commission but as they could not be filed earlier and documents are most essential for proper decision of case, I deem it appropriate to allow application and take documents on record subject to cost.
4. CONSEQUENT LY , application under Order 41 Rule 27 CPC filed by the appellant is allowed and all these documents namely insurance policy, survey report and repudiation letter filed by the appellant are taken on record subject to cost of Rs. 20,000/ - to be paid by appellant to the respondent.
5. PUT up for final hearing on 17.2.2015.
