- (1.) R. H. Zaidi, J. List is revised.
(2.) HEARD learned Counsel for the petitioner. None appeared on behalf of the respondents. Present petition has been filed challenging the validity of the order dated 23-3-1983 whereby application filed by the contesting respondent under Order XLI, Rule 27, C. P. C. was allowed by the Court below. Learned Counsel for the petitioner submitted that no case for admission of additional evidence under Order XLI, Rule 27, C. P. C. , was at all made out. The Court below has acted wholly arbitrarily and illegally in allowing the application by means of a non-speaking order without recording any reason for the same. The impugned order reads as under : "present learned Counsel for parties. Heard on 19-C and objections 22-C. Appellant seeks permission to file additional evidence by filing register of nomination maintained in Head Post Office. I feel that this register will be helpful in deciding the suit, efficiently. Hence 19-C is allowed at the cost of Rs. 20/- to opposite party who may had evidence in rebuttal by date fixed. Fix 8-4- 1983 for hearing. "
(3.) IT is well-settled in law that the additional evidence can be admitted by the appellate Court if the case for admission of the same is made out within the four corners of Order XLI, Rule 27, C. P. C. which provides as under : "27. Production of additional evidence in appellate Court.- (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate Court. But if - (a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or [ (aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or] (b) the appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Wherever additional evidence, is allowed to be produced by an appellate Court, the Court shall record the reason for its admission. " In the present case, no case for filing additional evidence was either made out nor the Court below has recorded any finding that the case was made out for filing additional evidence. The judgment and order passed by the Court below is, therefore, wholly illegal and without jurisdiction. The same deserves to be set aside.;