- (1.) This revision petition is directed against the order of the learned Additional District Judge, Jullundur, dated April 16, 1977, dismissing an application of the petitioner under Order 41, rule 27, Civil Procedure Code, for permission to lead additional evidence.
(2.) The only ground urged against this order by the learned counsel for the petitioner is that the learned Additional District Judge has acted illegally in the exercise of his jurisdiction by disposing this application prior to the hearing of the main appeal and going through the evidence on record In support of this contention, the learned counsel has relied on Chaman Lal and another v. The State of Punjab and another,1974 RLR 10 wherein it was observed thus : "that before permitting production of additional evidence the lower appellate court should examine the evidence already existing on record. Additional evidence can be permitted if after going through the evidence existing on record the court comes to the conclusion that the additional evidence was necessary for giving proper decision in the case or for some other substantial reason the additional evidence was necessary." It is, therefore, evident that the appellate Court cannot properly dispose of an application for additional evidence unless all the evidence existing on the recording scrutinised. The procedure adopted by the learned Additional District Judge was thus not warranted.
(3.) Consequently, this petition is allowed and the impugned order set aside. The lower appellate court will now dispose of the application afresh at the time of the final hearing of the appeal.;