BALWANT SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) In the suit pending in the trial court, during the course of trial, the plaintiff-appellant moved an application under Order 18 Rule 17-A read with section 151 of the Code of Civil Procedure for producing additional evidence. By order dated 13-2-2001 the application was allowed subject to certain terms. The defendant-Respondent 1 preferred a revision in the High court which has been allowed vide order dated 28-2-2003 solely on the ground that by the time the High Court heard and decided the revision, rule 17-A abovesaid itself had stood deleted from the text of the Code.

(3.) Rule 17-A was inserted by Act 104 of 1976 with effect from 1-2-1977. This rule was in existence on the date on which the trial court passed the order. However, the rule has been omitted from the body of Order 18 by Act 46 of 1999 which amendment came into force with effect from 1-7-2002. The validity of the order passed by the trial court should have been decided with reference to the power which vested in the trial court and was exercised on the date of passing of the order by the trial court and not by the High Court. The view to the contrary taken by the High Court is erroneous and cannot be upheld.