LALCHAND Vs. IMDAD ALI

JUDGEMENT

(1.) THIS revision petition must succeed. The Court below appears to have put a very narrow construction on the word "evidence" as used in Order 47, Rule 1 Civil P.C. The Court could not confine it only to "documentary" evidence and exclude "oral" evidence. Whether or not the applicant could not with due diligence have discovered the evidence at the stage of the original trial must depend upon facts to be proved. But the Court below declined to hold any enquiry into the facts relevant to the discovery. Rule 4 is clear on this point. I think the Court below acted with material irregularity in the exercise of its jurisdiction and, therefore, I must interfere in revision under Section 115(c), Civil P.C., I, therefore, remand the case for proper enquiry and disposal of the application for review on its merits.

(2.) AS the record of the review proceedings-is missing and the Court-reader's explanation has not been recorded I direct that he be examined in the enquiry proceedings taken in connexion with the missing records, and if found negligent this matter must be reported to the District Judge for orders.

(3.) THE application is allowed with costs. Pleader's fees Rs. 15.