JUDGMENT R.L. Khurana, J (Oral). : Appellants before this Court are the defendants. They have suffered a decree for permanent prohibitory injunction from the two courts below. 2. A perusal of the record shows that before the first Appellant Court, the defendants has moved an application under Order 41 rule 27, Code of Civil Procedure, for permission to lead additional evidence. 3. The learned first Appellate Court on 30.4.2002 directed that the application made by the defendants for additional evidence would be heard along with the main appeal. The main appeal was dismissed on 7.5.2003. In the impugned judgment and decree, there is no reference to the application made under Order 41 rule 27, Code of Civil Procedure, though, the zimni order dated 7.5.2003 states that vide a separate judgment announced today, the application under Order 41 rule 27, Code of Civil Procedure, along with the main appeal has been dismissed. There is no order on the file dismissing the application under Order 41 Rule 27, Code of Civil Procedure. 4. As stated above, there is no discussion with regard to the application made for additional evidence even in the impugned judgment dated 7.5.2003 dismissing the appeal, 5. In the absence of the order dismissing the application under Order 41 rule 27, Code of Civil Procedure, it can safely be held that the learned first Appellate Court has failed to apply its mind to the record in disposing of the application made for additional evidence under Order 41 Rule 27, Code of Civil Procedure. 6. As a result, at the admission stage itself, the present appeal is allowed and the impugned judgment and decree of the learned first Appellate Court is set aside and the appeal being Civil Appeal No. 48-S/13 of 1999 (Nikku Ram & ors. V. Dila Ram & ors.) is remanded to the learned first Appellate Court for disposal afresh in accordance with law along with the application made for additional evidence by the defendants under Order 41 rule 27, Code of Civil Procedure. 7. The parties through their counsel are directed to appear before the learned first Appellate Court on 17.11.2003. Record be returned forthwith, so as to reach well f before the date fixed. -