H.V. VEDAVYASACHAR versus SHIVASHANKARA & ANR.

H.V. VEDAVYASACHAR versus SHIVASHANKARA & ANR.

When an application for adducing additional evidence is allowed, the appellate court may record the evidence itself or direct the trial court to do so, but cannot remand the entire matter unless specific provisions of Order XLI Rules 23, 23A or 25 are applicable; thus, the High Court's order remanding the entire matter was not correct.

Parties
Appellant: H.V. Vedavyasachar; Respondent: Shivashankara; Respondent: Anr.
Jurisdiction
India
Judgment Date
03 August 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal disposed of; impugned order modified.
Legal Topics
Permanent Injunction, Mandatory Injunction, Additional Evidence, Remand Procedure
Civil Procedure Injunctions Permanent Injunction Mandatory Injunction Additional Evidence Remand Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

H.V. Vedavyasachar

Appellant

Shivashankara

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether appeal was maintainable in a suit for permanent and mandatory injunction supposedly under Section 6 of the Specific Relief Act.
  2. 2 Whether the High Court was correct in remanding the entire matter to the trial court after allowing application for adducing additional evidence.

Ratio Decidendi

When an application for adducing additional evidence is allowed, the appellate court may record the evidence itself or direct the trial court to do so, but cannot remand the entire matter unless specific provisions of Order XLI Rules 23, 23A or 25 are applicable; thus, the High Court's order remanding the entire matter was not correct.

Court Disposition

Appeal disposed of; impugned order modified.

Orders

  • Trial court upon recording the evidence as directed shall transmit the records to the First Appellate Court with a copy of its report annexed thereto.
  • Trial court must complete this within four weeks from the date of communication of this order.