ASHOK KUMAR Vs. SURINDER KUMAR

JUDGEMENT

(1.) This Regular Second Appeal has been filed by defendant appellant Ashok Kumar, against the judgments and decrees of the Courts below, whereby suit filed by Surinder Kumar, plaintiff was decreed by the trial Court and the appeal filed by Ashok Kumar, defendant was dismissed by the learned Addl. Distt. Judge.

(2.) At the time when the appeal came up for motion hearing before me on 16-8-2002, it was submitted before me by the counsel for the defendant appellant that as per instructions received by him from the local counsel at Jalandhar, the application under Order 41, Rule 27, CPC, filed by the defendant appellant before the learned Additional District Judge had not been decided even though the main appeal had been decided. Accordingly, the appeal record was Against order of D.R. Arora, Addl. District Judge, Jalandhar, D/-5-2-2002. ordered to be summoned for perusal When the record was received, a perusal thereof showed that on 7-12-2001 Ashok Kumar defendant appellant had filed an application under Order 41, Rule 27 CPC, for production of additional evidence during the pendency of the appeal and that notice in the said application was given to the plaintiff respondent, who had filed reply and there after the case was adjourned for arguments in the appeal as also on the application under Order 41, Rule 27, CPC The appeal record further showed that without deciding the said application for additional evidence, the learned Addl Distt. Judge had dismissed the appeal Resultantly, notice of motion was ordered to be issued to the plain tiff respondent and in the meanwhile the dispossession of the appellant was ordered to remain stayed till further orders In pursu ance of the notice of motion, learned counsel has put in appearance on behalf oi the plaintiff respondent

(3.) I have heard the learned counsel for the parties and have gone through the record carefully