(1.) Having regard to the nature of order I propose to pass, it may not be very necessary to note the material facts save and except that the plaintiffs/appellants, who had lost in both the learned Courts below, had preferred an application under Order 41, Rule 27 read with Order 18, Rule 17 and Sec. 151 of the Code of Civil Procedure before the learned lower Appellate Court wherein they produced the following documents:
(2.) While deciding the main appeal, the learned lower Appellate Court has not at all made mention of the application and the exhibited documents accompanying the same and in a slipshod manner has proceeded to decide the appeal.
(3.) The Court only needs to remind that the legislature has entrusted a very important duty upon the first Appellate Court as it is for that Court to decide finally all questions of fact on which the disposal of the suit might depend. As a Court of First Appeal, it was the duty of the Court below to deal with all the issues and evidence led by the parties before recording its findings, particularly by discussing the additional evidence.