MAHAVIR SINGH AND ORS. versus NARESH CHANDRA AND ANR.

MAHAVIR SINGH AND ORS. versus NARESH CHANDRA AND ANR.

The High Court could not have interfered with the first appellate court's order under Section 115 CPC refusing permission to adduce additional evidence, particularly when the whole appeal was not before the High Court, as it is only for the appellate court to require such evidence to pronounce judgment, in prescribed circumstances.

Parties
Appellants: Mahavir Singh and Ors.; Respondents: Naresh Chandra and Anr.
Jurisdiction
India
Judgment Date
08 November 2000
Procedural Posture
Civil Appeal / Appeal From Order of High Court Deciding a Revision Petition Under Section 115 CPC
Outcome
Appeal allowed
Legal Topics
Additional Evidence in Appeal, Scope of Revision Under Section 115 CPC
Civil Procedure Additional Evidence in Appeal Scope of Revision Under Section 115 CPC

Case Brief

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Parties

Mahavir Singh and Ors.

Appellants

Naresh Chandra and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of High Court Deciding a Revision Petition Under Section 115 CPC

Legal Issues

  1. 1 Whether the High Court could interfere with the order of the first appellate court refusing permission to adduce additional evidence under Order XLI, Rule 27, CPC, when the whole appeal was not before the High Court

Ratio Decidendi

The High Court could not have interfered with the first appellate court's order under Section 115 CPC refusing permission to adduce additional evidence, particularly when the whole appeal was not before the High Court, as it is only for the appellate court to require such evidence to pronounce judgment, in prescribed circumstances.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of first appellate court restored