RAM CHANDER Vs. SIRYAN ALIAS LADO

JUDGEMENT

(1.) Present revision petition has been filed under Article 227 of the Constitution of India for the modification of the impugned order dtd. 12/10/2022 (Annexure P-1) passed by the Additional District Judge, Jhajjar to the extent that the application under Sec. 151 CPC filed by the petitioners may kindly be allowed.

(2.) A perusal of the impugned order dtd. 12/10/2022 (Annexure P-1) would show that the application filed by the respondent/plaintiff under Order 41 Rule 27 read with Sec. 151 CPC for additional evidence was dismissed by the 1st Appellate Court although the main appeal was still pending. In the same impugned order, the application under Sec. 151 CPC by the present petitioners for summoning the original record pertaining to the death of Siryan daughter of Harphool son of Shadi was disposed of.

(3.) The Hon'ble Supreme Court of India in the case titled as "State of Rajasthan Vs. T. Sahani, reported as 2001(10) SCC 619 while relying upon an earlier judgment of the Hon'ble Supreme Court in the case of "K. Venkataramiah Vs. Seetharama Reddy", AIR 1963 Supreme Court 1526, had observed that the application under Order 41 Rule 27 CPC should be decided along with the appeal and taking a view on the said application before hearing of the appeal was not appropriate and accordingly, the impugned order vide which challenge was made to the decision of the High Court, on the application under Order 41 Rule 27 CPC as well as on another application under Order 6 Rule 17 CPC, which were decided prior to deciding of the appeal was set aside and the High Court was directed to consider the appeal and the applications afresh in accordance with law. The relevant portion of the said judgment is reproduced as under: -