SATISH CHAND SURANA versus RAJ KUMAR MESHRAM

SATISH CHAND SURANA versus RAJ KUMAR MESHRAM

The High Court erred in dismissing the first appeal without considering the application under Order XLI Rule 27 CPC; in view of Section 107 CPC and Order XLI Rule 27 CPC the appellate court must decide such applications and should permit additional evidence where the explanation is satisfactory and the material is vital, therefore the impugned judgment is set aside and the matter is remitted to the High Court for fresh disposal in accordance with law.

Parties
Appellant (plaintiff in Trial Court): Satish Chand Surana; Respondent (defendant in Trial Court): Raj Kumar Meshram
Jurisdiction
India
Judgment Date
06 December 2021
Procedural Posture
Civil Appeal No.7446 of 2021 / On Appeal to the Supreme Court; Matter Remitted to the High Court for Fresh Disposal
Outcome
Appeal partly allowed; impugned judgment of the High Court set aside and matter remitted to the High Court for fresh disposal.
Legal Topics
Order XLI Rule 27 CPC, Section 107 CPC, Additional Evidence on Appeal, Appellate Discretion, Remand
Civil Procedure Specific Performance Property Law Order XLI Rule 27 CPC Section 107 CPC Additional Evidence on Appeal Appellate Discretion Remand

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Parties

Satish Chand Surana

Appellant (plaintiff in Trial Court)

Raj Kumar Meshram

Respondent (defendant in Trial Court)

Procedural Posture

Civil Appeal No.7446 of 2021 / On Appeal to the Supreme Court; Matter Remitted to the High Court for Fresh Disposal

Legal Issues

  1. 1 Whether the High Court erred in dismissing the first appeal without deciding the application under Order XLI Rule 27 CPC for additional evidence
  2. 2 Whether an appellate court should admit additional evidence under Section 107 and Order XLI Rule 27 CPC and in what circumstances

Ratio Decidendi

The High Court erred in dismissing the first appeal without considering the application under Order XLI Rule 27 CPC; in view of Section 107 CPC and Order XLI Rule 27 CPC the appellate court must decide such applications and should permit additional evidence where the explanation is satisfactory and the material is vital, therefore the impugned judgment is set aside and the matter is remitted to the High Court for fresh disposal in accordance with law.

Court Disposition

Appeal partly allowed; impugned judgment of the High Court set aside and matter remitted to the High Court for fresh disposal.

Orders

  • Impugned judgment of the High Court set aside
  • Matter remitted to the High Court for fresh disposal in accordance with law and in view of the observations made in the judgment