Leave granted.
Heard learned counsel for the parties.
By the impugned order, High Court dismissed Regular First Appeal
preferred against decree without considering oral and documentary evidence adduced
on behalf of the parties. It is well settled that, in appeal against decree, the First
Appellate Court is itself required to consider oral and documentary evidence adduced
by the parties and the same having not been done, the impugned order is fit to be set
aside on this ground alone.
Accordingly, the appeal is allowed, impugned order rendered by the High
Court is set aside and the matter is remitted to the High Court to dispose of first
appeal in accordance with law after giving opportunity of hearing to the parties.
[G.S. SINGHVI] New Delhi, December 05, 2008.