Sunil Kumar @ Akhaury Sunil Kumar v. Kedar Nath Agrawals
1999-04-09
GURUSHARAN SHARMA
body1999
DigiLaw.ai
ORDER 1. Heard the parties and with their consent this Revision application is disposed of at the admission stage. 2. In Title Appeal No. 9 of 1992, the appellant opposite party no. 1 herein filed a petition under Order 41, Rule 27 of the Code of Civil Procedure to admit certified copy of registered deed of exchange dated 13.8.1963 executed by the plaintiff in favour of Khoma Kumari as additional evidence. On consideration of the said petition the court of appeal below found that the said deed was an essential piece of evidence for considering the case of the parties, based on exchange of land. It was, therefore, proper for the ends of justice to admit the same as additional evidence. However, the court of appeal below by the impugned order dated 25.4.1998 sent down the Lower Court records to the trial court for making the said deed as additional evidence. The trial court was further directed to send the records after marking it as Exhibit according to law. 3. In my opinion, for this purpose the matter was not required to be remitted to the trial court under Order 41, Rule 27(1) (b), in case the appellate court required any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any substantial cause it may allow such evidence or document to be produced or witness to be examined. 4. In the present case, I find that the court of appeal below required the aforesaid document to be admitted as additional evidence for substantial cause. It was for only removing a lacuna that the appellate court required the document to admit as additional evidence in the interest of justice and to pronounce judgment in a more satisfactory manner. 5. In the aforesaid circumstance in the present case, after admitting the said deed of exchange in additional evidence the first appellate court could have proceeded to decide the appeal on merit. Part of the impugned order, whereby the records of the suit were directed to be sent down to the trial court for admitting additional evidence in accordance with law is set aside and the court of appeal below is directed to dispose of the appeal on merit after admitting additional evidence in accordance with law. 6. This Revision application is, accordingly, disposed of.