Yaswant Kumar And ORS v. Vikash Kumar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.20 of 2016 ====================================================== Yaswant Kumar & Ors .... .... Appellant/s
Versus
Vikash Kumar & Ors .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Arun Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-08-2016 Heard learned counsel Mr. Arun Kumar for the petitioners.
By the impugned order dated 23.02.2016 passed by the learned Additional District Judge 1st, Jehanabad in Title Appeal No. 01 of 2006 whereby the learned court below held that the application filed under Order 41 Rule 27 of the CPC by the plaintiff/respondent shall be considered at the time of writing judgment of the suit.
The Hon'ble Supreme Court in the case of Union of India Vs. Ibrahim Uddin 2013(01) PLJR 48, Supreme court has held that application for taking additional evidence at an appellate stage, even if filed during the pendency of the appeal, is to be heard at the time of final hearing of the appeal at a stage when after appreciating the evidence on recorded, the court reaches the conclusion that additional evidence was required to be taken on
Patna High Court C.Misc. No.20 of 2016 (2) dt.01-08-2016 2/2 record in order to pronounce the judgment or for any other substantial cause. In case, application for taking additional evidence on record considered and allowed prior to hearing of the appeal, the order being a product of total and complete non application of mind, as to whether such evidence is required to be taken on record to pronounce the judgment or not, remains in consequential/in-executable and is liable to be ignored. In view of above settled proposition of law laid down by the Supreme Court, in my opinion, the order passed by the court below is in conformity of the decision of the Supreme Court. Therefore, I find no reason to interfere with the impugned order. Accordingly, this Civil Misc. Application is dismissed.
(Mungeshwar Sahoo, J) siddharth/- U