MUNICIPAL COMMITTEE Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity the Code) is directed against the order dated 21.7.2000 passed by the Addl. District Judge, Sirsa allowing the application of the appellant-respondents filed under Order 41 Rule 27 read with Section 151 of the Code for adducing additional evidence.

(2.) THE appellant respondent has filed Civil Suit No. 1274-C of 1990 which was dismissed by the trial Court vide judgment and decree dated 30.4.1998. Against the afore mentioned judgment and decree the appellant-respondent has preferred an appeal being C.A. No. 230 of 1998. During the pendency of the appeal before the Addl. District Judge an application under Order 41 Rule 27 read with Section 151 of the Code was filed for adducing additional evidence. The application was opposed by the petitioner by taking various grounds. The principal reason given by the Addl. District Judge for allowing the application is that the additional evidence can be permitted by the court at any stage of the suit and the documents sought to be produced are the revenue record which were prepared during the discharge of official duties. He has further opined that there was no possibility of fabricating those documents. Another reason which has weighed with the Addl. District Judge for allowing the application is that the appellant was not aware of all these documents when he closed his evidence before the trial Court and the petitioner can be compensated with costs.

(3.) WHEN the ratio of the judgment in the case of T.N. Sahani (supra) is applied to the facts of the present case, it is evident that the Addl. District Judge has decided the application without deciding the appeal and therefore the order cannot be sustained on this short ground alone. For the reasons recorded above, this petition is allowed. The Addl. District Judge is directed to decide the application afresh alongwith the appeal if such a necessity is felt by keeping in mind the observations made by the Supreme Court in T.N. Sahani's case (supra). The parties through their counsel are directed to appear before the Addl. District Judge on 7.10.2002. Petition allowed.