JAYARAMDAS AND SONS versus MIRZA RAFATULLAH BAIG AND ORS.

JAYARAMDAS AND SONS versus MIRZA RAFATULLAH BAIG AND ORS.

Material variance between public documents already on record and the certified copies sought to be produced justified admission of the additional evidence under Order XLI Rule 27(1)(aa) CPC. The ends of justice required allowing additional evidence, despite deficiency in the application.

Parties
Appellant: JAY A RAMDAS AND SONS; Respondent: MIRZA RAFATULLAH BAIG; Respondent: Respondents Nos. 2-4
Jurisdiction
India
Judgment Date
23 March 2004
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Additional Evidence, Appellate Procedure, Permanent Preventive Injunction
Civil Procedure Additional Evidence Appellate Procedure Permanent Preventive Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

JAY A RAMDAS AND SONS

Appellant

MIRZA RAFATULLAH BAIG

Respondent

Respondents Nos. 2-4

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether additional evidence under Order XLI Rule 27(1)(aa) CPC should be permitted
  2. 2 Material variance between documents on record and documents sought to be produced

Ratio Decidendi

Material variance between public documents already on record and the certified copies sought to be produced justified admission of the additional evidence under Order XLI Rule 27(1)(aa) CPC. The ends of justice required allowing additional evidence, despite deficiency in the application.

Court Disposition

Appeal allowed

Orders

  • Judgments and decrees of High Court and First Appellate Court set aside
  • Two documents filed in Supreme Court to be admitted in evidence by First Appellate Court