It is an admitted position that during the pendency of the second appeal, an application for acceptance of additional evidence under Order 41, Rule 27 of the Code of Civil Procedure was filed at the instance of the appellants, which, however, was number decided at the time of disposal of the second appeal.
The High Court was required to deal with the application under Order 41 Rule 27 of the Code at the time of disposal of the second appeal.
443 of 2005 by which the High Court had dismissed the second appeal on the ground that reappraisal of evidence was number permitted in deciding the second appeal which was filed at the instance of the appellants.
Since the application under Order 41 Rule 27 of the Code was number decided at the time of disposal of the second appeal, it will be difficult for us to agree with the judgment of the High Court passed in the second appeal.
O R D E R CIVIL APPEAL NO 2349 OF 2008 Arising out of SLP C No.8287 of 2006 Leave granted.
