CMPMO 302 of 2007 18.4.2009 Present: Shri G.R. Palsara, Advocate, for the petitioner. Shri Lalit Kumar Sharma, Advocate, for respondent No.1. CMPMO 302 of 2007 Heard. The grievance of the petitioner in this petition is that application under Order 41 Rule 27 of the Code of Civil Procedure preferred by the petitioner herein has been dismissed without considering its relevance during the course of hearing of the appeal. Learned counsel appearing for the petitioner submits that Court has no jurisdiction to consider this application independently except when the entire appeal is being argued and material considered to ascertain the relevance of the prayer made by the petitioner herein. It is not in dispute that application under Order 41 Rule 27 of the Code of Civil Procedure for permission to lead additional evidence is to be taken up for consideration and decision alongwith the main appeal. That is to say that the application is to be considered when arguments will be addressed in the main appeal. This law point is settled both by the Supreme Court as also this Court. In these circumstances, this petition is accepted. The impugned order is quashed and set aside. A direction is issued to the learned District Judge to consider the application afresh in accordance with law alongwith the main appeal. This order shall in no way preclude the learned Appellate Court for considering the application in accordance with law. Record of the Court below be sent back immediately. Parties to appear before the learned District Judge, Mandi on 15th May, 2009. No order as to costs. All interim orders vacated. All miscellaneous applications are disposed of. April 18, 2009 (Dev Darshan Sud) (ms) Judge.