JOGINDER PAL MONGA Vs. JASJIT SINGH

JUDGEMENT

(1.) The appellants/defendants have challenged the judgment and decree of the Appellate Court whereby their appeal has been dismissed.

(2.) Learned senior counsel for the appellants/defendants contends that the appellants/defendants had filed an application under Order 41 Rule 27 of the Code of Civil Procedure, 1908 ('CPC - for short) for additional evidence before the Appellate Court on 20.01.2017 during pendency of the appeal. Notice had been issued in the application to the non-applicant/respondent/plaintiff, but the application has not been decided by the Appellate Court although the appeal of the appellants/defendants was finally decided on 24.07.2017. He also contends that it was necessary for the Appellate Court to decide the application for additional evidence and only thereafter the appeal could have been decided. He has relied upon the judgment of the Supreme Court in the case of Malayalam Plantations Ltd. v. State of Kerala and another, (2010) 13 SCC 487.

(3.) Mr. Sanjeev Kumar Arora, Advocate, accepts notice on behalf of the respondent/plaintiff. He has not been able to controvert the submissions made by learned senior counsel for the appellants/defendants that the application preferred by the appellants/defendants for additional evidence has not been decided by the Appellate Court.