Case Note & Summary
The dispute arose from an appeal filed by the appellants before the Additional District Judge, Ferozepur, concerning an application under Order XLI Rule 27(b) of the Code of Civil Procedure, 1908 (CPC). The appellants sought to introduce additional evidence through a handwriting expert, which the Additional District Judge initially considered necessary. However, the High Court, exercising its jurisdiction under Section 115 of the CPC, intervened and set aside the order of the Additional District Judge, leading to the present appeal. The Supreme Court examined whether the High Court's interference was warranted at this interim stage. It concluded that the Appellate Court had the jurisdiction to decide on the admissibility of additional evidence and that the High Court's intervention was not justified. The Court emphasized that if the Appellate Court's order was incorrect, the respondent could challenge it in a second appeal after the final decree. Thus, the Supreme Court allowed the appeal, set aside the High Court's order, and directed the Additional District Judge to decide the appeal on its merits, while ensuring compliance with the previous order dated 12.12.1995.
Headnote
A) Civil Procedure - Appellate Jurisdiction - High Court's Interference - Code of Civil Procedure, 1908, Section 115 - The High Court's intervention at an interim stage in an appeal pending before the Additional District Judge was deemed unjustified as the Appellate Court had the authority to decide on the admissibility of additional evidence. The Supreme Court held that the High Court should not have interfered with the Appellate Court's jurisdiction, allowing the appeal and directing the Additional District Judge to decide the matter on its merits (Paras Not mentioned).
Issue of Consideration
Whether the High Court was justified in interfering with the order of the Additional District Judge regarding additional evidence.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the High Court, and directed the Additional District Judge, Ferozepur to decide the appeal on its own merits, ensuring compliance with the previous order dated 12.12.1995.
Law Points
- Jurisdiction of Appellate Court
- Additional Evidence
- Revision Jurisdiction
