CR No. 362 of 2009 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CR No. 362 of 2009 (O&M) Date of Decision : 07.09.2010 Ram Rattan .......... Petitioner Versus Krishna Devi & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Rakesh Nagpal, Advocate for the petitioner. Mr. Rajnish Gupta, Advocate for respondent No.1. **** VINOD K. SHARMA, J. (ORAL) This revision petition under Article 227 of the Constitution of India is directed against the order dated 6.1.2009, passed by the learned Addl. District Judge, Kaithal, vide which application moved by the petitioner under Order 41 Rule 27 of the Code of Civil Procedure was ordered to be dismissed. The only ground on which the petitioner has challenged the order, is that it was incumbent for the learned Court to decide the application for additional evidence along with the appeal on merit and not prior thereto. In support of this contention the learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court in the case of State of Rajasthan Vs. T. Sahani 2001(2) R.C.R.(Civil) CR No. 362 of 2009 -2- ***** 419 and the judgments of this Court in the cases of Municipal Committee, Ellenabad Vs. Shanti Devi 2003(2) L.J.R. 444 and Smt. Surjit Kaur and another Vs. Bhupinder Singh Waraich 2009 (4) RCR (Civil) 563. In view of the law referred to above, the impugned order cannot be sustained. This revision is accordingly allowed, the impugned order is set aside, and the learned lower appellate Court is directed to decide the application afresh, at the time of disposal of the main appeal on merit. Revision disposed off. However, keeping in view the fact that the appeal is pending since 9.5.2006, it be disposed off at the earliest. 07.09.2010 (VINOD K. SHARMA) 'sp' JUDGE