ASIN KHAN Vs. LALLARAM

JUDGEMENT

(1.) AFTER hearing counsel, we are of opinion that this petition can be disposed of with a simple direction to the lower appellate Court, as the lower appellate Court while hearing the appeal, allowed the application under Order 41 Rule 27 C.P.C. and additional evidence was admitted, but without giving any opportunity of rebuttal the order of injunction granted by the trial Court was reversed. The respondents, in their return, have also stated that opportunity may be given to the petitioner.

(2.) IN such circumstances, we quash the order Annexure P/6 and direct the lower appellate Court to rehear the appeal afresh after giving an opportunity to the petitioner of rebuttal to the evidence admitted by the application under Order 41 Rule 27 C.P.C. The matter is sent back to the lower appellate Court, i.e. to the Court of Vth Additional Judge to the Court of District Judge, Gwalior, to decide the appeal afresh within a period of two months from the date of appearance of the parties which we fix as 30.11.1992 for which no notice needs be issued by the Court as the parties have been noticed here through their counsel. On that date, the petitioner, if so advised may apply for additional evidence, if any, in rebuttal. Thereafter, the appellate Court may fix a date for final hearing for disposing of the appeal within the time fixed by this Court.