LAWS(ALL)-1995-3-19

MALLU Vs. VTH A D J BAREILLY

Decided On March 21, 1995
MALLU Appellant
V/S
VTH A D J BAREILLY Respondents

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. By means of the present writ petition, the petitioner has challenged the order dated 12th February, 1988 passed by Addi tional District Judge Bareilly, being Annexure VII to the writ petition, in Appeal No. 27 of 1986.

(2.) ALTHOUGH the writ petition has come up for formal admission, but since affidavits have already been exchanged, with the consent of the parties, the case is being disposed of finally in accordance with Rules of the Court.

(3.) IN my view, it is essential power of appellate court to decide as to whether there is any requirement for the court to take additional evidence even at the stage of appeal, and, such power cannot and should not be taken away, or, interferred with in the writ jurisdiction by this Court. INterference by this court with such power of the appellate court will amount to total abuse of jurisdiction conferred under Article 226 of the Constitution.