Code of Civil Procedure, 1908–Order 41, Rule 27–High Court took the sale deed on record as additional evidence and simultaneously proceeded to hearing the appeal–Whether justified?–Held, no–Even the execution of sale deed was not denied by respondents, yet the opportunity to lead evidence in rebuttal or to explain the admission was required to be given to them–Impugned order set aside and matter remanded back for deciding the first appeal afresh.
