Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.25 and O.41 Code of Civil Procedure 1908 – O.41 O.41 r.27 r.23-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – O.41, r.27, O.41, r.25 andO.41, r.23-A – Additional document – Respondents-plaintiffs claimedto be the owners of the suit land – They filed civil suits for permanentinjunction against the appellants-defendants – Civil suits weredismissed by the trial Court – Aggrieved, respondents-plaintiffs filedfirst appeals along with an application u/O.41, r.27 C.P.C. to fileadditional documents – First Appellate Court not only allowed theapplication u/O.41, r.27 C.P.C. but further placed reliance on theadditional evidence tendered by the respondents-plaintiffs anddecreed all the civil suits in favour of them – On appeal, held:Judgment of the First Appellate Court unsustainable – First AppellateCourt committed jurisdictional errors – It took into considerationthe additional piece of evidence while deciding the appeals on meritswithout affording any opportunity to the appellants-defendants tofile any rebuttal evidence to counter the additional evidenceadduced by the respondents-plaintiffs – Furthermore, after allowingapplication u/O.41, r.27 C.P.C. the First Appellate Court could haveeither set aside the entire judgment/decree of the trial Court u/O.41,r.23-A C.P.C. and remanded the case to the trial Court for re-trialor it could have invoked powers u/O.41, r.25 C.P.C. by retainingthe appeals to itself and referring the case to the trial Court on alimited issue of additional evidence – These jurisdictional errorscaused prejudice to the appellants while opposing first appeals –Thus, matter remitted to the trial Court u/O.41, r.23-A C.P.C. for retrialof all civil suits on merits afresh – Jurisdiction. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 689 |
Petitioner | The Corporation Of Madras & Anr. |
Respondent | M. Parthasarathy & Ors. |
SCR | [2018] 10 S.C.R. 900 |
Judgement Date | 2018-08-10 |
Case Number | 3033 |
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