KRISHNA DEVI Vs. LACHHMAN DASS

JUDGEMENT

(1.) THIS petition has to succeed on a preliminary point raised by the learned counsel for the petitioner that the learned Additional Sessions Judge, had refused to exercise jurisdiction,on in disallowing the application moved by the Petitioner for production of a copy of the judgment inter se the parties in a case under Section 9 of the Hindu Marriage Act. The order passed by the learned Additional Sessions Judge, is this behalf is dated January 6, 1978, and I have perused the same. The learned Additional Sessions Judge has fallen in apparent error in observing that there is no provision of law in which a party way be allowed to produce additional evidence in revision. Additional evidence can be permitted to be produced in any proceedings. In the present case, the petitioner has merely prayed for production of the copy of the judgment and there can he no possible objection in allowing this prayer. The petitioner has been prejudiced in the hearing of the revision before the lower appellate Court by non -acceptance of his prayer for production of the said copy. The order passed by the lower appellate Court in this behalf is set aside and the lower appellate Court is directed to allow the production of the copy of the relevant judgment dated September 6, 1976. Thereafter, the lower appellate Court shall reconsider the entire matter including the copy of the judgment referred to above, which shall be placed on the record. With these observations, the case is remanded to the lower appellate Court for re -decision.

(2.) THE present miscellaneous application succeeds to the extent indicated above. The parties, through their counsel, have been directed to appear before the lower appellate Court on December 11, 1978.