(1.) CHALLENGE in the present appeal is to the impugned judgment and decree of the lower Appellate Court, whereby, the lower Appellate Court without deciding the application under Order 41 Rule 27, though noticed in the zimni orders, decided the appeal.
(2.) IT is settled law that an application for additional evidence has to be decided along with the appeal.
(3.) IT would be apt to reproduce the zimni orders which read thus: -