N.C. VENKATESH S/O CHELUVAIAH AND N.C. NARASIMHA MURTHY S/O CHELUVAIAH Vs. SMT. GOWRAMMA, W/O PUTTAMADAIAH

JUDGEMENT

(1.) PLAINTIFF 's appeal against the order of remand in R.A. 22/09 on the file of District Judge, Mysore. The appeal has come up for admission after notice to the respondents.

(2.) HEARD . Appeal is admitted and taken up for final disposal by consent.

(3.) SRI K. Sridhar is justified in pointing out that the learned appellate judge has failed to exercise jurisdiction conferred on him by Rule 1');">25 of Order XLI, C.P.C. requiring him to re -appraise the evidence on record and take a final decision. He is also right in pointing out that grant of permission to lead additional evidence under Rule 27 is circumscribed with certain limitations. One such, the court must be satisfied that additional evidence is required, and secondly it should be satisfied that despite due diligence and care, the applicants could not procure or produce such evidence earlier.