Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 O. XLl. r. 27-Additional evidence -Improper admission-Finding based on such evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Custom (power to Contest) Act, 1920 (2 of 1920) Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Civil Procedure Code, 1908, O. XLl. r. 27-Additional evidence -Improper admission-Finding based on such evidence-Whether conclusive- interference - Punjab Custom Act (II ·of 1920}, s. 7- Suit to contest alienation of non-ancestral property-Maintainability. The discretion to receive and admit additional evidence in appeal is not an arbitrary one but is a judicial one circumscribed by the limitations specified in O. XL!, r. 27, of Civil Procedure Code, and if additional evidence was allowed to be adduced contrary to the principles governing the reception of such evidence. it would be a case of improper exercise of discretion. and the additional evidence so brought on the record will to be ignored and the case decided as if it was non existent. The legitimate occasion for admitting additional evidence in appeal is when on examining the evidence as it stands some inherent lacuna or defect becomes apparent, nor where a discovery is made outside the court, of fresh evidence, and an application is made to import it. The true test is whether the appellate court is able to pronounce judgment on the materials before it, without taking into consideration the additional evidence sought to be adduced.Kessowji lssur v. G. I. P. Railway (34 I.A. 115) and Parsotim v. Lal Mohan (58 I.A. 254) referred to.Though ordinarily a finding of fact, however erroneous, cannot be challenged in second appeal, a finding which is arrived at on tJie basis of additional evidence which ought not to have been admitted and without any consideration of the intrinsic arid palpable defects in the nature of such evidence cannot be accepted as a finding which is conclusive on appeal. Under s. 7 of the Punjab Act II of 1920 no one can contest an alienation of • non-ancestral immoveable property on the ground that such alienation is contrary to custom. |
Judge | Hon'ble Mr. Justice N. Chandrasekhara Aiyar |
Neutral Citation | 1951 INSC 14 |
Petitioner | Arjun Singh Alias Puran |
Respondent | Kartar Singh And Others |
SCR | [1951] 1 S.C.R. 258 |
Judgement Date | 1951-03-02 |
Case Number | 31 |
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