KULWANT SINGH Vs. MOHINDRO @ MOHINDER KAUR

JUDGEMENT

(1.) Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 17/8/2019 (Annexure P-3) passed by the Additional District Judge, Tarn Taran, vide which the application for leading additional evidence under Order 41 Rule 27 CPC of the plaintiff/respondent No.1 has been allowed.

(2.) Learned counsel appearing for the petitioners has submitted that at any rate, the impugned order deserves to be set aside on the short ground that the application under Order 41 Rule 27 and Sec. 151 CPC filed by the respondent No.1 has been allowed prior to deciding the main appeal. It is further submitted that it has repeatedly been held by the Hon'ble Supreme Court and by this Court that the application under Order 41 Rule 27 CPC has to be decided alongwith the main appeal.

(3.) Learned counsel appearing for respondent No.1 has submitted that in case the impugned order is to be set aside on the said aspect, the same should not be construed as an expression on the merits of the application and the application should be considered by the Court independently at the time of deciding the main case.