Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Code of Civil Procedure, 1908: s.100 and Order 41, Rule 27 - Application for production of additional evidence in second appeal before High Court - Legal notice issued by counsel for plaintiff to defendant sought to be produced as admissible evidence at second appellate stage by latter which was lying with it during pendency of suit and first appeal - In appeal before Supreme Court, difference of opinion between the two Judges comprising the Bench with regard to decision of High Court rejecting application under Or.41 r.27 as also dismissing the second appeal - Matter referred to larger Bench.The plaintiff-respondent was allotted an industrial plot by the defendant-appellant Corporation as per allotment letter dated 24.11.1987. An agreement was entered into between the parties on 12.2.1988, Clause 8 whereof provided that the allottee would start construction on the plot within a period of one and half years from the date of issuance of the allotment letter and would complete the erection and installation of machinery and commence production within a period of two years from the date of allotment of the plot, failing which the plot would be liable to be resumed and the security amount forfeited. The appellant, finding that Clause 8 of the agreement was not complied with by the respondent, issued a show cause notice to it as to why the plot be not resumed and possession taken. According to the appellant, it issued the resumption order on 13.9.1991, and on 20.9.1991 took possession of the suit plot. On 5.10.1995 the respondent filed a civil suit in the Court of Addl. Civil Judge praying for a decree of permanent injunction restraining the appellant from interfering with the possession of the suit plot and further reallotting it to any other person. It was submitted that Clause 8 of the agreement could not be complied with because of the high tension wires running over the suit plot and unless the same were removed the plaintiff was not in a position to raise any construction. The appellant filed a written statement stating that the suit was time barred since the plot had been resumed on 13.9.1991. It was also submitted that the plaintiff suppressed the facts regarding knowledge of the resumption order and taking over possession of the suit plot. The trial court, however, decreed the suit; and the first appellate court affirmed the decree. In the second appeal, the defendant-appellant filed an application under Order 41, Rule 27, C.P.C. for acceptance of additional evidence, i.e. the legal notice issued on behalf of the plaintiff to the defendant showing acknowledgement of receipt of the resumption order dated 13.9.1991 by the plaintiff-respondent The High Court rejected the application and dismissed the second appeal holding that no substantial question of law arose therein. In the instant appeal filed by the defendant-Corporation, it was contended for the appellant that the High Court erred in rejecting the application under Order 41, Rule 27 CPC since the additional evidence was sought to be adduced in order to prove that the plaintiff had clear knowledge of the resumption order passed on 13.9.1991, and the suit having been filed on 5.10.1975 was barred by limitation. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 874 |
Petitioner | Haryana State Industrial Development Corporation |
Respondent | M/s Cork Manufacturing Co. |
SCR | [2007] 9 S.C.R. 508 |
Judgement Date | 2007-08-27 |
Case Number | 3940 |
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