Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.27,S.115

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R.27 & S. 115---Additional evidence in Appellate Court--­ Production of---Application for--- Revisional jurisdiction, exercise of ---On filing application for production of additional evidence, Appellate Court issued notice for its hearing. but without deciding same and keeping it pending, Court heard and decided main appeal which was extremely improper on the part of Court---Before hearing arguments in a suit or an appeal, it was incumbent upon the Court to first ensure that every miscellaneous application filed by any of the pa ties stood disposed of irrespective of the fact whether the party concerned pressed same or not---If it was not pressed, it could be dismissed on that account, but a specific order must be passed in that regard---That having not been done by Court, High Court in exercise of revisional jurisdiction set aside order of Appellate Court below and remanded the case to be decided afresh on merit after hearing parties. (b) Practice and procedure--- ---- Before hearing final arguments in a suit or any appeal, it was incumbent upon Court first to ensure that every miscellaneous application filed by parties stood disposed of irrespective of the fact whether the party concerned pressed it or not---In case it seas not pressed, it could be dismissed on that account, but a specific order must be passed in that regard. Haji lbrahim v. Ismail PLD 1976 Kar. 1075 ref. JUDGMENT This revision application is directed against the Appellate Judgment dated 29-11-1987 whereby the appeal piled by the plaintiff was dismissed and the judgment of the trial Court, dismissing the suit, was maintained. 2. The Appellate judgment is assailed on two grounds. First, that the Appellate Court did not take into account the evidence on record nor it gave any finding on the various issues and dismissed the appeal after making general observations that the findings of the trial Court on all the issues was just and proper and, second, that an application moved by the appellant under Order 41, Rule 27, C.P.C. for additional evidence was not decided and was left pending by learned Appellate Court. Learned counsel of the…

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