TMI Blog1991 (9) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the appellant contends that it is one thing to permit a party to urge certain subsequent events but quite another to assume, without more, that the facts so alleged are proved without the formality of an enquiry and recording of evidence. The proceedings in the High Court, says counsel, ceased to be revisional and assumed the character of a fresh trial on fresh grounds without an enquiry and trial of or evidence on those fresh grounds. Learned counsel says that pleading and proof of the subsequent events are two distinct stages and the High Court is in error in not keeping the two stages distinguished and in proceeding on the premise that the first stage could serve the purpose of the second also. It is further urged that the subseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent had also, in the meanwhile, got married. The High Court permitted the respondent to raise these pleas and proceeded to dispose of the revision petition and granted possession on the basis of these subsequent events. It is relevant to note that learned counsel who had been engaged by the appellant had failed to appear at the revisional hearings. The subsequent prayer of the appellant for recalling the order and for being afforded an opportunity of being heard on the merits was declined by the High Court on the ground that the learned advocates who had failed to turn-up at the hearing had, apparently, declined to furnish affidavits as to the reason of their absence. The case of the appellant was lost on account of this refusal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 958 at 960: (AIR 1975 SC 1409 at p. 1410) Justice Krishna lyer said: We feel the submissions devoid of substance. First about the jurisdiction and propriety vis-a-vis circumstances which come into being subsequent to the commencement of the proceedings. It is basic to our processual jurisprudence that the right to relief must be judged to exist as on the date a suitor institutes the legal proceeding. Equally clear is the principle that procedure is the handmaid and not the mistress of the judicial process. If a fact, arising after the lis has come to court and has a fundamental impact on the right to relief or the manner of moulding it, is brought diligently to the notice of the tribunal, it cannot blink at it or be blind to events wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... always be so and particularly when dealing with pleas of subsequent events in appeals and revisions. If the allegations of facts made in support of such a plea are denied then alone the question of their proof in an appropriate way arises. If those allegations of facts are admitted, there is no need to prove what is admitted or must be deemed to be admitted. There can be admissions by non-traverse. The High Court proceeded to accept the allegations as proved presumably in view of the fact that appellant's learned counsel did not even appear, let alone challenge the allegations. But there might also be cases in which, having regard to the nature of the circumstances, the Court may insist upon proof independently of such admission by non- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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