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ANIL KUMAR SINHA
Gyanti Devi – Appellant
Versus
Udai Kumar – Respondent
Anil Kumar Sinha, J. – Heard learned Counsel for the parties concerned.
2. The present application has been filed by the petitioner challenging the order, dated 04.12.2017, passed, in Title Appeal No. 58 of 2016/03 of 2017, by learned Presiding Officer, Fast Track Court No. II, Jehanabad (hereinafter referred to as the learned Lower Appellate Court), by which the learned Lower Appellate Court has accepted the additional evidence sought to be adduced by the appellants-respondent nos. 1 and 2.
3. Learned Counsel for the petitioner submits that one Bishwanath Mishra was the owner of a piece of land, situated in Khata No. 78, Plot Nos. 18, 22, 23 and 24, having an area of 01 acre 06 decimals By virtue of unregistered sale deed, dated 19.06.1970, the land in question was sold in favour of the petitioner, showing the value of the land less than Rs. 100/-, i.e. Rs. 99/-. A chak khatiyan was prepared through consolidation proceeding and a new chak khata no. 66, chak plot no. 22, having an area of one acre has been allotted to the plaintiff-petitioner.
4. The respondent nos. 3 and 4 herein are the son of the original owner, Bishwanath Mishra, and respondent no. 1 and 2 are the purchasers from
The court emphasized the requirement for additional evidence to enable it to pronounce judgment or for any other substantial cause, as per the provisions of Order XLI Rule 27 of the C.P.C. and releva....
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
The appellate court may only admit additional evidence under specific conditions, which were not met by the petitioners, as they failed to demonstrate due diligence in producing the evidence during t....
(1) Additional evidence – Parties do not possess any vested or automatic right to seek admission of additional evidence at appellate stage.(2) Appeal is ordinarily to be decided on evidence adduced b....
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