Back
VIKAS BAHL
Kulwant Singh – Appellant
Versus
Mohindro @ Mohinder Kaur (D) through LRs. – Respondent
JUDGMENT :
Vikas Bahl, J.
1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 17.08.2019 (Annexure P-3) passed by the Additional District Judge, Tarn Taran, vide which the application for leading additional evidence under Order 41 Rule 27 CPC of the plaintiff/respondent No. 1 has been allowed.
2. Learned counsel appearing for the petitioners has submitted that at any rate, the impugned order deserves to be set aside on the short ground that the application under Order 41 Rule 27 and Section 151 CPC filed by the respondent No. 1 has been allowed prior to deciding the main appeal. It is further submitted that it has repeatedly been held by the Hon’ble Supreme Court and by this Court that the application under Order 41 Rule 27 CPC has to be decided alongwith the main appeal.
3. Learned counsel appearing for respondent No. 1 has submitted that in case the impugned order is to be set aside on the said aspect, the same should not be construed as an expression on the merits of the application and the application should be considered by the Court independently at the time of deciding the main case.
4. This Court
An application for additional evidence under Order 41 Rule 27 CPC must be decided concurrently with the main appeal to uphold judicial efficacy and fairness.
The court emphasized that applications for additional evidence must be considered alongside the main appeal to ensure fair adjudication, following established judicial precedents.
The main legal point established in the judgment is the judicial exercise of discretion by the Appellate Court in considering applications for additional evidence under Order 41 Rule 27 CPC.
Additional evidence must be evaluated during the final appeal hearing, not before, ensuring judicial rigor in respecting procedural rules.
The admission of additional evidence in appellate proceedings requires a clear necessity to support the main issues at hand, as per Order 41 Rule 27 CPC.
The main legal point established in the judgment is the importance of deferring the hearing of an application under Order 41 Rule 27 CPC to the final hearing of the appeal and considering whether the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
