Arjun Mal vs Smt. Mohini Devi on 4 April, 2002
In support of his submission, Mr. Maheshwari has placed reliance upon the judgments of this Court in Rampal Garg v. Shrimad Dayanand Orphanage and Ors., 1971(21) ILR Raj. 506, 1970 RLW 106, wherein this Court held that an application under Order 41 Rule 27 should be considered by the Appellate Court, when appeal is being heard on merit after appreciating the evidence on record as it is only at that stage that the Court can examine as to whether judgment can be pronounced without additional evidence or it was required for any other substantial cause.