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1997 Supreme(SC) 941

S. B. MAJMUDAR, J. JAGANNADHA RAO
Gurdev Singh – Appellant
Versus
Mehnga Ram – Respondent


ORDER

Leave granted.

2. We have heard learned counsel for the parties. The grievance of the appellants before us is that in an appeal filed by them before the learned Additional District Judge, Ferozepur, in an application under Order XLI Rule 27(b), Code of Civil Procedure (CPC) the learned Additional District Judge at the final hearing of the appeal wrongly felt that additional evidence was required to produced as requested by the appellants by way of examination of a hand-writing expert. The High Court in the impugned order exercising jurisdiction under Section 115, CPC took the view that the order of the Appellate Court could not be sustained. In our view the approach of the High Court in revision at that interim stage when the appeal was pending for final hearing before the learned Additional District Judge was not justified and the High Court should not have interfered with the order which was within the jurisdiction of the Appellate Court. The reason is obvious. The Appellate Court hearing the matter finally could exercise jurisdiction one way or the other under Order XLI Rule 27 specially clause (b). If the order was wrong on merits, it would always be open for the responden





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