NORTH EASTERN RAILWAY ADMINISTRATION, GORAKHPUR versus BHAGWAN DAS (D) BY LRS.

NORTH EASTERN RAILWAY ADMINISTRATION, GORAKHPUR versus BHAGWAN DAS (D) BY LRS.

The High Court erred in refusing to consider applications for amendment and production of additional evidence at the stage of second appeal. Such applications must be considered on their merits under Order 41 Rule 27 and Order 6 Rule 17 C.P.C. If a decree is obtained by fraud, it is a nullity. Matter is remitted for proper consideration.

Parties
Appellant: North Eastern Railway Administration, Gorakhpur; Respondent: Bhagwan Das (D) by LRs.
Jurisdiction
India
Judgment Date
11 April 2008
Procedural Posture
Civil Appeal / Appeal From Orders of the High Court of Uttaranchal in S.a. No. 8/2002
Outcome
Appeal allowed; matter remitted
Legal Topics
Amendment of Pleadings, Production of Additional Evidence, Appeals, Fraud on Court, Decree Nullity
Civil Procedure Amendment of Pleadings Production of Additional Evidence Appeals Fraud on Court Decree Nullity

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Parties

North Eastern Railway Administration, Gorakhpur

Appellant

Bhagwan Das (D) by LRs.

Respondent

Procedural Posture

Civil Appeal / Appeal From Orders of the High Court of Uttaranchal in S.a. No. 8/2002

Legal Issues

  1. 1 Permissibility of amendment of pleadings at appellate stage
  2. 2 Admissibility of additional evidence in second appeal
  3. 3 Effect of fraudulently obtained decree

Ratio Decidendi

The High Court erred in refusing to consider applications for amendment and production of additional evidence at the stage of second appeal. Such applications must be considered on their merits under Order 41 Rule 27 and Order 6 Rule 17 C.P.C. If a decree is obtained by fraud, it is a nullity. Matter is remitted for proper consideration.

Court Disposition

Appeal allowed; matter remitted

Orders

  • Judgment and orders dated 17th July, 2002 and 14th June, 2005 set aside
  • High Court directed to take fresh decision on applications under Order 41 Rule 27 and Order 6 Rule 17 C.P.C.