BASAYYA I. MATHAD versus RUDRAYYA S. MATHAD AND ORS.

BASAYYA I. MATHAD versus RUDRAYYA S. MATHAD AND ORS.

The High Court erred by allowing the second appeal without framing a substantial question of law and by interfering with findings of fact, and its reliance on additional evidence was unsustainable due to non-compliance with Order XLI Rule 27. Therefore, the findings of the High Court and subsequent orders based on them are set aside.

Parties
Appellant: Basayya I. Mathad; Respondents: Rudrayya S. Mathad and Ors.
Jurisdiction
India
Judgment Date
24 January 2008
Procedural Posture
Civil Appeal No. 1349 of 2001 / Supreme Court Appeal From High Court Judgment Dismissing Second Appeal
Outcome
Appeal allowed; High Court judgment and orders set aside; First appellate court to decide afresh.
Legal Topics
Second Appeal, Partition, Production of Additional Evidence, Tenancy Rights
Civil Procedure Property Law Land Reforms Second Appeal Partition Production of Additional Evidence Tenancy Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Basayya I. Mathad

Appellant

Rudrayya S. Mathad and Ors.

Respondents

Procedural Posture

Civil Appeal No. 1349 of 2001 / Supreme Court Appeal From High Court Judgment Dismissing Second Appeal

Legal Issues

  1. 1 Whether High Court can allow second appeal without framing substantial question of law under Section 100 CPC
  2. 2 Whether High Court can interfere with findings of fact in second appeal
  3. 3 Whether production of additional evidence in appellate court must comply with Order XLI Rule 27 of CPC

Ratio Decidendi

The High Court erred by allowing the second appeal without framing a substantial question of law and by interfering with findings of fact, and its reliance on additional evidence was unsustainable due to non-compliance with Order XLI Rule 27. Therefore, the findings of the High Court and subsequent orders based on them are set aside.

Court Disposition

Appeal allowed; High Court judgment and orders set aside; First appellate court to decide afresh.

Orders

  • Finding of the High Court in RSA No. 105 of 1997 dated 10.12.1997 set aside.
  • Judgment and decree of lower appellate court dated 14.12.1998 set aside.