RAM NATH Vs. LAL SINGH

JUDGEMENT

(1.) THIS petition has been directed against the order dated 27th January, 1997 passed by the Civil Judge, Junior Division, Hoshiarpur. By this order, the learned Civil Judge, has dismissed the application filed by the petitioner-defendant under Order 18 Rule 17-A Civil Procedure Code for bringing on record the enquiry proceedings dated 2nd December, 1996 by way of additional evidence. Notice of the petition was issued to the respondents.

(2.) SHRI Gupta, learned counsel appearing on behalf of the respondents raised a preliminary objection that the revision petition against the order rejecting the application for additional evidence was not maintainable Under Section 115 Civil Procedure Code. He submitted that this point could be challenged by the petitioner-defendants in accordance with law if any occasion arises to carry the matter in regular first appeal In support of his submission, the learned counsel placed reliance on a judgment of the Supreme Court in Gurdev Singh v. Mehnga Singh, A. I. R. 1997 S. C. 3572.

(3.) SHRI Parveen Kumar, learned counsel appearing on behalf of the petitioner, however, submitted that the revision petition against the order dismissing the application filed under Order 18 Rule 17-A, Civil Procedure Code was maintainable in terms of the law laid down by a Division Bench of this Court in Kaura Ram v. Govind Ram, 1979 Cur. L. J. (Civil) 382. Learned Counsel further submitted that the decision of the Supreme Court in the case of Gurdev Singh (supra) was not applicable to the facts of the present case, as that case, pertained to an application filed under Order 41 Rule 27, Civil Procedure Code and not under Order 18 Rule 17-A, Civil Procedure Code. Learned counsel further submitted that the enquiry report sought to be produced by way of additional evidence was essential to determine the real controversy and as such the learned trial Court was not right in rejecting the application of the defendant for additional evidence. In support of this submission, the learned counsel has placed reliance on a judgment of this Court in Ram Singh v. Pirthi and Ors. , 1997 (2) R. C. R. 108.