DEVDHAR Vs. AASKARAN

JUDGEMENT

(1.) PETITIONER is aggrieved by the order passed by the first appellate court dismissing his application under Order 41 Rule 27 of CPC and thereafter fixing the appeal itself for final hearing.

(2.) LEARNED counsel would submit that whenever an application for taking additional evidence on record is moved under Order 41 Rule 27 of CPC the same is to be decided along with the hearing of the appeal itself and not at an interim stage. However, ignoring the said settled position of law the first appellate court has passed the impugned order which is palpably illegal.

(3.) WITH the above observation, the writ petition stands allowed.