VIJAY KUMAR AGGARWAL Vs. KHUSHAL SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 6.10.2012 passed by the Additional District Judge, Amritsar by which application filed by the plaintiff/respondent under Order 41 Rule 27 of the Code of Civil Procedure, 1908 [for short the CPC] has been allowed. In brief, the facts narrated before me are that plaintiff filed the suit for possession by way of specific performance of an agreement to sell dated 12.12.1988. The defendant/petitioner denied the agreement. On the basis of evidence led by the parties to the suit, the trial Court found that there is an eclipse over the ownership rights of the defendant over the property in dispute therefore, the suit was decreed only for the reimbursement of earnest money along with interest. This led to the filing of two appeals both by plaintiff and defendant. During the pendency of the appeal, the plaintiff filed application under Order 41 Rule 27 of the CPC in order to bring on record certified copy of judgment dated 6.3.2012 decided by Additional Civil Judge (SD), Amritsar as per which the eclipse over the ownership rights of the defendant over the property in dispute was over and he had become owner of the property by way of aforesaid decree which was passed in between defendant and his brothers and sisters. The Appellate Court while allowing the application has observed that the said judgment and decree is stated to be essential for decision of the controversy in this case and hence while allowing the application, the petitioner herein was compensated with cost of Rs. 500/-.

(2.) Learned counsel for the petitioner has vehemently argued that the impugned order is patently illegal as it runs contrary to Order 41 Rule 27(2) of the CPC, which provides that whenever additional evidence is allowed to be produced by an Appellate Court, the Court shall record reasons.

(3.) On the other hand, learned counsel for the respondent has argued that as per Order 41 Rule 27(1)(b) of the CPC, where the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the additional evidence can be taken.