GANTA PRABHAKAR Vs. GANTA SREEDHAR KUMAR

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India. The petitioners herein are the defendants, who seek to assail the orders in IA No.22 of 2002 in A.S. No.30 of 1998, dated 9-4-2003 on the file of the Court of IV Additional District Judge, (Fast Track Court), Karimnagar District, allowing the application filed under Section 151, read with Order 41, Rule 27 (b) of the Code of Civil Procedure, seeking to permit the plaintiff to adduce additional evidence.

(2.) The contention of the petitioners is that AS No.30 of 1998 was not heard on the date of application in IA No.22 of 2002, which was filed on 18-2-2002 and when the impugned order dated 9-4-2003 passed by Second Additional District Judge as full Additional charge of IV-Additional District Judge and the Court can decide to permit additional evidence under the provisions of Order-41, Rule 27 CPC after the hearing of appeal, if the Court requires the additional evidence is necessary to decide the appeal and the material on record is not sufficient to pronounce a judgment, therefore, the impugned order is not sustainable in law and is liable to be set aside. Order 41, Rule 27(2) CPC reads as under:

(3.) The petitioners submit that they have opposed in their counter-affidavit that the petition filed by the plaintiff is not maintainable under Order-41, Rule 27 of CPC as the evidence sought for is not at all additional evidence. Further the only remedy, which was only available to the plaintiff is to reopen the case or to file an appeal or revision when the lower Court closes the evidence. On the basis of the above stated facts and circumstances of the case, the learned Judge allowed the application and passed the impugned order on 9-4-2003, which reads as under: