CHANDER BHAN Vs. ABHEY RAM

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 3/9/2019 passed by the District Judge, Kaithal, whereby the application for additional evidence filed by the plaintiff/petitioner/appellant before the First Appellate Court, has been dismissed although main case is still pending.

(2.) Learned counsel for the petitioner has submitted that as per settled law, application under Order 41 Rule 27 CPC is required to be decided along with the main appeal and thus, on the said short ground alone, impugned order deserves to be set aside and the First Appellate Court be directed to consider the said application along with the main appeal.

(3.) As per report of the Registry, although, respondent No.2 has been served however none has appeared on his behalf.