RAM KISHAN Vs. INDER PAL

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution of India prays for quashing of order dated 8.3.2004 allowing the application filed by the defendant-respondents under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (for brevity the Code). The Ld. Addl. District Judge has also decided the appeal filed by the plaintiff-petitioner and allowed the application for additional evidence by permitting tender of evidence of Jamabandi for the year 1956-57, copy of mutation No. 60 showing that the land purchased, inter alia, by Shera vide sale deed dated 1.2.1954 and mutation No. 149 showing Teja and Mehma brothers of Shera acquiring title of land on the basis of Civil Court decree dated 8.2.1973. The controversy in the appeal is confined to the estate of Shera the father of defendant-respondent and plaintiff-petitioner.

(2.) MRS . R.P. Dudeja, learned counsel for the petitioner has argued that on the correct interpretation of Order XLI Rule 27 of the Code additional evidence could be allowed in one of the following three situations :

(3.) AFTER hearing the learned counsel at a considerable length, I find that the instant petition is devoid of merit and is thus liable to be dismissed. A perusal of Order XLI Rule 27 of the Code would show that such an application can be entertained and allowed by the first Appellate Court while hearing an appeal under Section 96 of the Act if it considers that additional evidence would be necessary for deciding the controversy raised before it. Order XLI Rule 27 of the Code reads as under: