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1979 Supreme(P&H) 79

PREM CHAND JAIN, S.S.KANG
Kaura Ram – Appellant
Versus
Gobind Ram – Respondent


Judgment

PREM CHAND JAIN, J.

1. Kaura Ram has filed this petition under Section 115 of Civil P.C. against the order of the learned Subordinate Judge, Ist Class, Hissar, dated September 29, 1976, by which his application for permission to produce additional evidence, was rejected.

2. The revision petition came up for hearing before a learned single Judge of this Court. During the course of hearing an objection was taken by the learned counsel for the respondents that the revision was not legally maintainable. This contention of the learned counsel for the respondents was controverted by Shri Harbans Lal Sarin, Senior Advocate, learned counsel for the petitioner, on the ground that in view of the addition of the explanation to Section 115, C.P. Code, the scope of Section 115 had been enlarged. Finding that the matter deserved to be settled authoritatively, the learned single Judge referred the matter to a larger Bench. That is how the revision petition has come up for hearing before us.

3. So far as the matter which has been referred far decision to a larger Bench about the scope of Section 115 is concerned, the learned counsel for the parties agree that the same stands concluded by t








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