CHAMAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chaman Lal and Subhash Chander have filed this revision petition under section 115 of the Code of Civil Procedure, against the order of the learned Additional District Judge, Ludhiana, dated 3rd February, 1973, by which the application filed by the State of Punjab under Order 41, Rule 27 of the Code of Civil Procedure for leading additional evidence, was allowed.

(2.) The facts are clearly set out in the order of the learned Additional District Judge and it is not necessary to narrate the same.

(3.) The only point urged before me by Mr. M.L. Sarin, learned counsel for the petitioners, is that the learned Additional District Judge has acted illegally and committed material irregularity in allowing the State of Punjab to lead additional evidence without first examining the evidence which already existed on the record. After hearing the learned counsel for the parties, I am of the view that there is considerable force in the contention of the learned counsel for the petitioners. It is not disputed before me by the learned counsel appearing for the State of Punjab that the learned Additional District Judge did not examine the evidence and allowed the application for leading additional evidence. That could not legally be done. See in this connection the decision in Maghar Singh and another v. Kewal Ram, 1972 PunLJ 323, wherein it is observed thus :-