NON-REPORTABLE  

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5781 OF 2008 [ Arising out of SLP (C) NO. 18759 of 2006]  

Jatinder  Singh  &  Anr.  Minor  Through  Mother

…Appellants

VERSUS

Mehar Singh and Others  

…Respondents

      WITH

CONTEMPT  PETITION  © NO.57  of  2008  IN  SLP©NO.18759  OF 2006

Balbir Singh & Anr.           .. Appellants

Versus

Jatinder Singh & Anr.       …Respondents

O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and

final order passed by the High Court of Punjab

and  Haryana  at  Chandigarh  in  Regular  Second

Appeal  No.  4174  of  2002,  by  which  the  second

appeal filed by the appellants was dismissed as

the  High  Court  did  not  find  any  substantial

question  of law to be decided  in the aforesaid

second appeal.

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3. In our view, this appeal can be decided on a very

short question.  The trial court as well as the

appellate court and finally the High Court in the

second  appeal  dismissed  the  suit  filed  by  the

plaintiffs/appellants for declaration challenging

the sale deed dated 29th of May, 1989, executed by

the  respondent  Nos.  1  to  3  in  favour  of

respondent  Nos.  9  and  10  as  well  as  the

compromise  (Exhibit  No.  C1)  dated  7th of April,

1986  in  a  suit  title  Ujagar  Singh  vs.  Puran

Singh, But it is an admitted position that before

the  High  Court,  the  appellants  filed  an

application under Order 41 Rule 27 of the Code of

Civil  Procedure  for  acceptance  of  additional

evidence,  namely,  documents  such  as  certificate

of  Military  service,  voter  list  of  concerned

assembly  segment  for  the  year  1982,  receipt  of

house  tax  1988-89,  payment  of  chaowkdra  of

khariff 1986, rabi 1990, rabi 1991, khariff 1992,

identity  card  issued  by  Election  Commission  of

India, Ration Card etc.   

4. While  deciding  the  second  appeal,  however,  the

High  Court  had  failed  to  take  notice  of  the

application under Order 41 Rule 27 of the Code of

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Civil  Procedure  and  decide  whether  additional

evidence could be permitted to be admitted into

evidence.  In our view, when an application for

acceptance of additional evidence under Order 41

Rule 27 of the Code of Civil Procedure was filed

by the appellants, it was the duty of the High

Court to deal with the same on merits. That being

the  admitted  position,  we  have  no  other

alternative but to set aside the judgment of the

High Court and remit the appeal back to it for a

decision afresh in the second appeal along with

the  application  for  acceptance  of  additional

evidence in accordance with law.

5. For the reasons aforesaid, the impugned Judgment

is set aside.  The appeal is thus allowed to the

extent indicated above.  There will be no order

as to costs.

6. We make it clear that we have not gone into the

merits  as  to  whether  the  application  for

acceptance of additional evidence under Order 41

Rule 27 of the Code of Civil Procedure should be

allowed  or  not,  which  shall  be decided  by  the

High Court at the time of decision of the second

appeal in accordance with law.  We also make it

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clear that we have not gone into the merits of

the second appeal which shall also be decided by

the High Court along with the application under

Order 41 Rule 27 of the Code of Civil Procedure.

Considering  the  facts  and  circumstances  of  the

case, we request the High Court to dispose of the

second appeal at an early date preferably within

six months from the date of supply of a copy of

this order to it.  

7. In view of the order passed in C.A.No. of 2008 @

SLP©No.18759 of 2006, Contempt Petition © No.57

of 2008 is  disposed of.  

8. In view of our decision in the appeal itself, we

do  not  feel  inclined  to  entertain  the

Interlocutory Application filed by the petitioner

during  when  the  matter  was  kept  for  Judgment.

Accordingly,  the  said  application  for  interim

direction is disposed of as infructuous.     

………………………J. [TARUN CHATTERJEE]          

New Delhi         …………… ………….J. September 19, 2008.   [AFTAB ALAM]                

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