According to established legal principles, whenever a miscellaneous application, such as an application under Order XLI, Rule 27 CPC for production of additional evidence, is pending during..............

 According to established legal principles, whenever a miscellaneous application, such as an application under Order XLI, Rule 27 CPC for production of additional evidence, is pending during the course of an appeal, it is imperative for the Appellate Court to first decide the said application before delving into the merits of the appeal. This procedural requirement is not merely a technical formality, but a critical component of ensuring that justice is served fairly and equitably. The failure to resolve such a pending application prior to rendering a final decision on the appeal leads to a procedural irregularity that invalidates the entire appellate process, as it deprives the parties of their right to a fair and impartial hearing. The law unequivocally mandates that all pending miscellaneous applications must be disposed of before addressing the main case, as the non-disposal of such applications creates an imbalance and potentially prejudices the case of the concerned party. A joint decision, where both the miscellaneous application and the appeal are decided together, without first addressing the application separately, undermines the fairness of the judicial proceedings, as it gives undue weight to the appeal and may result in the improper rejection of the application. Furthermore, deciding both the application and the appeal simultaneously denies the parties an opportunity to properly argue and substantiate their respective positions regarding the additional evidence. This is a fundamental breach of the principles of justice and procedural propriety.

Furthermore, this Court has to analyze the allegations of jurisdictional error, such as the jurisdiction that is vested in it by law was not exercised, and/or the court has acted in exercise of its jurisdiction illegally or with material irregularity, or committed some error of procedure in the course of the trial which is material and has affected the ultimate decision.

C.R. No.6830 of 2023
Muhammad Iqbal Gill, etc. Vs Nasir Abbas, etc.
06-11-2024
2024 LHC 5266