Monday, 10 September 2018

2005 S C M R 1444

Application for production of additional evidence --- Decision of such application before final judgment --- Trial court decreed the suit in favor of the plaintiff --- During the pendency of an appeal before Appellate Court, defendant filed an application for producing additional evidence --- Appellate Court instead of deciding the application separately dismissed the whole appeal --- High Court while deciding second appeal, remanded the matter to Appellate court for deciding the appeal afresh on the ground that before deciding the appeal finally, Appellate Court should have decided the application --- Validity --- View expressed by High Court was incorrect --- Court, in every case was not supposed to decide the application for permission to adduce additional evidence prior to the decision of the main appeal through separate orders and could give a composite judgement --- No legal justification existed for the remand of appeal to Appellate court as the Court had given reasons for dismissing the application for permission to produce additional evidence --- High Court could have decided the appeal before it on merits and was competent to look into the reasons given by the Appellate Court in dismissing the application for additional evidence --- Petition for leave to appeal was converted into appeal and matter was remanded to High Court for decision of second appeal afresh, Appeal was allowed.

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