NICAPPEL Vs. AVTAR SINGH

JUDGEMENT

(1.) By this application, the applicant/appellant wants to lead additional evidence under Order 18, Rule 17, C. P. C. to demonstrate that the driving licence was forged.

(2.) Mr. L. C. Kapoor, learned Counsel for the applicant/appellant has relied upon the judgment of the Supreme Court in a case Natha Singh and Ors. V/s. The Financial Commissioner, Taxation, Punjab and Ors., 1976 AIR(SC) 1053.

(3.) At the very outset, it may be pointed out that this authority refers to Order 41, Rule 27, C. P. C. and not Order 18, Rule 17, C. P. C. At any rate, the principle laid down by the Hon'ble Supreme Court is that the true test to be applied in dealing with applications for additional evidence is whether the Appellate Court is able to pronounce judgment on the materials before it, without taking into consideration the additional evidence sought to be adduced.