GAYATRI DEVI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS is a writ petition under Article 226/227 of the Constitution of India against the order passed by the Addl. District Judge/Special Judge, Etawah, dated 13 -11 -1987 dismissing the Petitioner's application for taking additional evidence in a small [cause revision pending before the judge concerned.

(2.) BY the impugned order, the Special Judge has taken a view that in view of the Division Bench decision of this Court in Babu Ram v. The Addl. District Judge Dehradun, 1983 ARC 15, the revisional court has got no jurisdiction to admit any additional evidence in a small causes revision. The question which require consideration in the present matter is whether the revisional court exercising jurisdiction under Section 25 of the provincial Small Cause Courts Act, 1887 has got any power to admit additional evidence in the revision pending before it.

(3.) FROM the above discussion, it is clear that the Division Bench of this Court held that under inherent powers of the court for doing justice between the parties, the revisional court exercising its jurisdiction under Section 25 of the Provincial Small Cause Courts Act, has also the power to take additional evidence for doing complete justice between the parties.