GH HASSAN TANTRY Vs. MANZOOR AHMAD WANI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 22 -6 -2006 passed by Additional District Judge, Srinagar in appeal titled Manzoor Ahmad Wani Vs. State of J&K & ors. allowing the appellant to adduce additional evidence before the appellate court.

(2.) THE short controversy involved in this petition is whether the appellate court has rightly passed the impugned order and whether it can be assailed at this stage?

(3.) MANZOOR Ahmad, respondent no. 1 -plaintiff had filed a suit for declaration and injunction against the petitioner and respondents 2 to 7 before the trial court which came to be dismissed vide judgement and decree dated 1 -8 -2005. Feeling aggrieved by the said judgement and decree, respondent -plaintiff herein preferred an appeal before the Pr. District Sessions Judge. Srinagar which came to be transferred to the court of 1st Additional District Judge. Srinagar. During the pendency of the appeal, Manzoor Ahmad -respondent/plaintiff filed an application in terms of Order 41 Rule 27 CPC for allowing him to adduce additional evidence on the grounds taken in the application. The first appellate court after examining the entire record, allowed the application with the observation that the additional evidence will enable it to adjudicate upon the matter more effectively and conclusively. The relevant para of the order impugned in this petition reads thus: