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2015 (12) TMI 1853 - SUPREME COURTExecution of will in favour of the Plaintiff in respect of the property in suit or not - relief of permanent injunction - HELD THAT:- In MAHAVIR SINGH VERSUS NARESH CHANDRA [2000 (11) TMI 1238 - SUPREME COURT], explaining the scope of revision in the matters of acceptance of additional evidence by the lower appellate court interpreting expression "or for any other substantial cause" in Rule 27 of Order XLI, this Court has held that It is only in the circumstances when the appellate court requires such evidence to pronounce the judgment the necessity to adduce additional evidence would arise and not in any other circumstances. When the first appellate court passed the order on the application filed under Order 41 Rule 27 Code of Civil Procedure, the whole appeal was before it and if the first appellate court is satisfied that additional evidence was not required, we fail to understand as to how the High Court could interfere with such an order Under Section 115 Code of Civil Procedure. Regarding exercise of revisional powers in the matter of allowing the application for additional evidence, when appeal is pending before the lower appellate court, the impugned order passed by the High Court cannot be upheld and the same is set aside. However, to do complete justice between the parties, we think it just and proper to direct the first appellate court to decide the application for additional evidence afresh in the light of observations made by this Court regarding principles on which such an application can be allowed or rejected. It is deemed just and proper to direct the first appellate court to decide the application for additional evidence afresh in the light of observations made by this Court regarding principles on which such an application can be allowed or rejected - appeal disposed off.
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