SURAJ PARKASH KAPOOR Vs. DEWANA

JUDGEMENT

(1.) DURING the course of hearing of appeal, it has been pointed out by the learned counsel, representing both the sides, that an application, under Order 41 Rule 27 CPC, for additional evidence had been moved by the present appellants, who were also appellants before the first Appellate Court and the first Appellate Court ordered that the said application will be heard and final decision taken thereon at the time of the hearing of the appeal itself, but the appeal has been disposed of without passing any order on that application. In view of the above stated position, appeal is allowed. Impugned judgment and decree of the first Appellate Court are set aside and the matter is remanded to the first Appellate Court with a direction to decide the same afresh, after passing appropriate order on the aforesaid application for additional evidence. Parties are directed to appear before the first Appellate Court on 6.12.2010. Record of the trial Court as also the first Appellate Court be returned, with a copy of this order, well in advance, and it should be ensured that it reaches the first Appellate Court before the aforesaid date.