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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Satbir (Deceased) Through His Lrs. – Appellant
Versus
Ram Mehar (Deceased) Through His Lrs – Respondent
JUDGMENT :
Vikas Bahl, J.
This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 18.01.2025 (Annexure P-6) passed by the Additional District Judge, Rohtak whereby the application of the petitioner(s) for leading additional evidence has been dismissed.
2. On 06.02.2025, this Court had passed the following order:-
'Present: Mr.Saurabh Garg, Advocate for the petitioner.
***
Inter alia contends that in the present case, the application under Order 41 Rule 27 CPC has been decided, although the main appeal is still pending and the next date in the main appeal is 18.02.2025. It is submitted that it is settled law that the application under Order 41 Rule 27 CPC is to be decided along with main appeal.
Notice of motion for 17.02.2025.
Notice re: stay.
Liberty is granted to the petitioner to serve the respondents through the counsel appearing in the Ist Appellate Court as well through dasti process.
To be shown in the urgent list.
February 06, 2025'
3. Learned counsel for the petitioner(s), in support of his arguments, has referred to the judgment dated 23.01.2019 passed in CR-6145-2016 titled as 'Ravinder Kumar and another Vs. Sahab Singh and
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 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 judicial exercise of discretion by the Appellate Court in considering applications for additional evidence under Order 41 Rule 27 CPC.
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