IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SR4I JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5734 of 2007 Between: Sale Ranga Venkateswarlu ... PETITIONER AND Bekkam Bali Reddy ... RESPONDENT ORDER: The petitioner – appellant who is the defendant in Original Suit is aggrieved by the order of the appellate Court to the extent of receiving of additional documentary evidence under the impugned order for one document out the two documents, which the petitioner wanted to produce as additional documentary evidence. The lower Court had received one document and rejected the other and to that extent the petitioner is in revision in this Civil Revision Petition before this Court. 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. 3. Before going into the question raised, I am unable to appreciate the method adopted by the lower appellate Court inasmuch as it has taken up consideration of application for additional evidence independently without hearing the appeal itself. It is now well settled that an application for additional evidence must be considered by the appellate Court along with the appeal itself and not separately, in view of the fact that only while hearing the appeal, the Court would be in a position to adjudicate upon the relevancy and necessity of the admitting additional evidence subject to the fulfillment of the provisions of Order 41 Rule 27 of the Code of Civil Procedure. The impugned order is therefore, not sustainable and even to the extent of the admitted document as additional evidence the said order is liable to be set aside. However, the application in I.A.No.84 of 2006 filed by the petitioner shall be considered afresh by the lower appellate Court while hearing the appeal A.S.No.5 of 2004 and subject to the satisfaction of the lower appellate Court that the petitioner has fulfilled the ingredients of Order 41 Rule 27 of the Code of Civil Procedure, the lower appellate Court shall pass appropriate orders on the said I.A. along with the appeal itself. 4. Accordingly, the impugned order is set aside and Civil Revision Petition is disposed of. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J July 01, 2010. PN THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5734 of 2007 July 01, 2010