Pankaj Kumar vs Chhannoolal And 31 Others
2022 Latest Caselaw 20887 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10375 of 2022
 
Petitioner :- Pankaj Kumar
 
Respondent :- Chhannoolal And 31 Others
 
Counsel for Petitioner :- Ankit Singh
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the parties.

The petitioner has approached this Court challenging the impugned order dated 22.8.2022 passed by the Additional District and Sessions Judge/Special Judge DAA Act, Kanpur Dehat in Civil Appeal No.62 of 2017, Anand Singh and others vs. Chhunno Lal and others, District Kanpur Dehat, pending in the Court of Additional and District Sessions Judge/Special Judge DAA Act, Kanpur Dehat. Court No.6, Mirzapur in Civil Appeal No.01 of 2015 (Lalla Singh Vs. Dasraji). Further prayer is made to decide the application (20-Ga) under Order 41 Rule 27 read with Section 151 CPC in the aforesaid appeal.

Learned counsel for the petitioner submits that no application for additional evidence could have been allowed at earlier stage in appeal. The additional evidence must only be considered at the time of final hearing of the appeal as provided in the case of Union of India Vs. Ibrahim Uddin and another; (2012) 8 Supreme Court Cases 148, (Para-52), which reads as under:-

"52. Thus, from the above, it is crystal clear that an application for taking additional evidence on record at an appellate stage, even if filed during the pendency of the appeal, is to be heard at the time of the final hearing of the appeal at a stage when after appreciating the evidence on record, the Court reaches the conclusion that additional evidence was required to be taken on record in order to pronounce the judgment or for any other substantial cause. In case, the application for taking additional evidence on record has been considered and allowed prior to the hearing of the appeal, the order being a product of total and complete non-application of mind, as to whether such evidence is required to be taken on record to pronounce the judgment or not, remains inconsequential/inexecutable and is liable to be ignored."

Learned counsel for the plaintiff-petitioner submits that the said documents is a relevant piece of evidence and is required to be considered only at the time of final hearing.

Looking into the facts and circumstances of the case, the impugned order dated 22.8.2022 is set aside. Application for taking the same as an additional evidence and relevance of the document only be considered at the stage of hearing of the appeal.

Learned counsel for the petitioner further submits that that the appeal is pending since long and the same may be decided expeditiously.

This Court on administrative side has already issued directions to the Court below to maintain zero pendency of cases which are more than five years old.

In view of orders already issued on administrative side, the Court below is expected to decide the appeal which is pending since the year 2017, expeditiously on priority basis without any further delay. The Court shall not grant any unnecessary adjournment including the ground of strikes of the lawyers. The parties shall fully cooperate in early disposal of the case.

Order Date :- 13.12.2022

Rishabh

[Vivek Chaudhary, J.]