Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order XLI Suit for specific performance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or.XLI r.27 - Suit for specific performance - Necessary documents not filed by plaintiff inspite reminders - Application by plaintiff for filing C additional documents rejected by trial court which is upheld by High Court in exercise of supervisory jurisdiction - After dismissal of suit, in appeal by plaintiff, application filed ul . Or.XLI r.27 for production of pass books and statement of bank accounts as additional evidence - Application allowed D by trial court and said decision upheld by the High Court - Challenged - Held: inspite of numerous opportunities granted to file the documents, the plaintiffs chose not to avail of the same, and, therefore, the said documents• were not accepted by trial court - Civil revision was filed and dealt with on merits E - Same set of documents were sought to be introduced before the appellate court as the additional evidence - The documents sought to be filed before the appellate court as additional evidence were bank accounts which really were not clinching to put the controversy - Or.XLI r.27(1)(b) is not F attracted - Therefore, the appellate court has erred in taking recourse to the said clause and allowing the application for taking additional evidence. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 570 |
Petitioner | Surjit Singh & Ors. |
Respondent | Gurwant Kaur & Ors. |
SCR | [2014] 10 S.C.R. 355 |
Judgement Date | 2014-08-27 |
Case Number | 8283 |
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