SHIVASHANKAR BHAT, J, J. ( 1 ) IN an appeal which is pending, the appellant has filed applications under Or. 19 r. 1, as also under Or. 12 rs. 1 and 5 read with section 151 CPC seeking a direction to the petitioner as to whether he admits the truth of the boundaries given in respect of certain property of which a sketch was filed in the appeal along with the applications. The court below allowed the I. As in part and directed the petitioner to admit or deny the correctness of the sketch and the boundaries mentioned in the sketch etc. ( 2 ) SRI G. S. Visveswara, learned counsel for the petitioner, contends that the procedure followed by the lower court is contrary to the provisions Or. 41 r. 27 CPC, as the attempt of the respondent is to prove certain facts in appeal by recourse to these I. As. ( 3 ) THE learned' counsel for the respondent, however, tried to justify the order of the lower court. ( 4 ) ORDER XII r. 1 CPC governs the admissions of a case by the opposite party. Under or. 12 r. 2 opposite party may be called upon to admit any document. Under rule 4 of Or. 12, a party may by notice call upon any other party to admit any specific fact or facts mentioned in the notice; Rule 5 provides for the Form of the notice to admit facts. As per order 19 R. 1, the court may, (subject to the conditions stated therein) order that any particular fact or facts may be proved by affidavit. ( 5 ) THE provisions invoked by the respondents, thus, entirely relate to proof of facts, cither by admission or by affidavit. The object behind Order 12 is to do away with the necessity of proving facts that are admitted, while Order 19 provides for mode of proving facts, under certain limited circumstances. In other words, by filing I. As. 3 and 4 in the lower court, the respondent sought to establish certain facts relevant to the point in issue between the parties. The procedure is clearly, a procedure to prove facts and therefore partakes the character of leading evidence. This procedure is invoked in a pending appeal. ( 6 ) THE procedure to lead evidence in appeal is slalutorily regulated by the provisions of Order 41 rule 27 CPC.
The procedure is clearly, a procedure to prove facts and therefore partakes the character of leading evidence. This procedure is invoked in a pending appeal. ( 6 ) THE procedure to lead evidence in appeal is slalutorily regulated by the provisions of Order 41 rule 27 CPC. Additional evidence can be produced only in the manner and under circumstances stated in Order 41 rule 27. This presumption as to the production of additional evidence in appeal, cannot be circumvented by recourse to order 12 or Order 19 directly. The invoking of Orders 12 and 19 was an attempt to circumvent the provisions of Order 41 R. 27 cpc. ( 7 ) CONSEQUENTLY, this petition is allowed and the order under revision is set aside, but without any order as to costs. Petition allowed. --- *** --- .