M. SHANMUGHASUNDARAM Vs. N.T.P. SUBBURAYA CHETTIAR

JUDGEMENT

(1.) By consent of both the counsel, the revision is taken up for final disposal. 2. The revision has been filed by the petitioner against the order of the Appellate Authority in I.A. No. 100 of 1994 in R.C.A. No. 7 of 1993 wherein additional evidence has been permitted. The only objection raised by the counsel for the petitioner is that in view of the judgment of a Division Bench of this Court reported in M. Ayyasami v/s. S.P. Ganesan, (1994) 2 1 W. 376, the application filed under Order 41, Rule 27 seeking permission to adduce additional evidence cannot be disposed of independently and the said application has to be taken up along with the appeal. The lower court is not correct in disposing of the application independently. In fact the objection is well founded. The Division Bench, in Ayyaswami's case has held as follows:

(2.) In view of the above principles laid down in the abovesaid judgment I am of the view that the order of the lower court is liable to be set aside and accordingly, the civil revision petition is allowed. I.A. No. 100 of 1994 in R.C.A. No. 7 of 1993 is restored on file and the appellate authority is directed to dispose of the said application along with the main appeal, in accordance with law.