DIDAR SINGH RANDHAWA Vs. MOHINDER SINGH

JUDGEMENT

(1.) In order to reconcile contradictory findings expressed by the learned trial Court in Civil suit No. 169 of 1978 and Civil Suit No. 414 of 1979. both allegedly decided on October 7, 1980, the plaintiffs, appellants had moved before the lower Appellate Court an application under Order 41 Rule 27 of the Civil Procedure Code for being allowed to produce by way of additional evidence certified copy of the judgment delivered by the learned trial court in Civil Suit No. 169 of 1978, whereby the suit filed for redemption of the property had been dismissed by it on the ground of partial redemption for non inclusion in the claim of 4 kanals of land in khasra No. 786 which the learned trial Court had held in Civil suit No. 414 of 1979 out of which this R S.A. his arisenas having not been mortgaged. It is stated that the learned Lower Aappellate Court did not pass any order on the application aforesaid and dismissed Civil appeal No. 405 of 1910 filed by the plaintiffs/appellants before it vide its assailed judgment of September 10, 1982. In similar circumstances their Lordships of the Supreme Court observed in K. Vsnkataramiah v. A. Seetharama Reddy, 1963 AIR(SC) 1526and others' : -

(2.) In this view of the matter learned lower Appellate Court erred in deciding the appeal without first deciding the application for additional evidence filed before it. Additional evidence if permitted would have exposed the contradictory conclusion arrived at by the learned trial Court in both the Civil suits aforesaid and enabled the learned lower appellate Court to give a correct conclusion in this regard.

(3.) In result, R.S.A. No. 164 of 1553 is allowed, the assailed judgments and decrees of the learned two Courts below ire both set aside and the case is remanded to the trial Court for fresh decision after admitting the additional evidence. The parties through their learned counsel have been directed to appear before the learned trial Court on September 26, 1958. Costs shall abide the event.