BAL1a, J. - (1.) THIS revision petition is directed against the order dt. 9. 4. 92 passed by Addl. District Judge, Nimbahera rejecting the petitioner's application under order 41 rule 27 C. P. C. seeking permission to lead additional evidence on the ground that provisions of Order 41 Rule 27 C. P. C. are not applicable to Civil Miscellaneous appeal. In arriving at its decision the learned Lower Appellate Court has relied on a decision of this Court in Ganpat Lal vs. Basti Ram (1 ).
(2.) THERE is no dispute now that the decision given in Ganpat Lal's Case (supra) has since been overruled by the Division Bench of this Court in Pukh Raj vs. U. I. T. and others (2), decided on July, 05,1990. In that' view of the matter Lower Appellate Court has apparently failed to exercise its jurisdiction vested in law by not considering the application under order 41 Rule 27 and the order under revision is not sustainable. Accordingly the petition is allowed. Order dt. 9. 4. 92 passed by Addl. District Judge Nimbahera is set aside and the trial Court is directed to decide the application of the petitioner under order 41 rule 27 C. P. C. in accordance with law before deciding the appeal. No order as to costs. .;