PANNALAL Vs. ISHWARPRASAD

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered by this Court in this second appeal of appellants/Plaintiffs are as under :-

(2.) The imperative facts required for determination of above stated substantial questions of law are as under :- [For the sake of convenience, the parties would be referred hereinafter as per their nomenclature shown in the suit filed before the trial Court]

(3.) Mr. P.K.C. Tiwari, Senior Advocate assisted by Mr. Shashi Bhushan Tiwari, learned counsel appearing for appellants/plaintiffs would submit that the first appellate Court ought to have heard the application for additional evidence while hearing the appeal on merits and it could not have decided the application before hearing the appeal and thereby the first appellate Court has committed gross illegality in rejecting the said application.