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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Ram Manohar, S/o. Rambharosa – Appellant
Versus
Mahesh Kumar (Died) (Through Lrs) – Respondent
| Table of Content |
|---|
| 1. second appeal reviewed under section 100; jurisdiction of appellate courts. (Para 1 , 10) |
| 2. legal heirs' rights regarding inherited property and contestation over sale deed. (Para 3 , 11) |
| 3. plaintiffs' claim of possession and prior sale establishes grounds for suit. (Para 4 , 6 , 9) |
| 4. amendment criteria evaluating necessary changes in pleadings. (Para 12 , 18) |
| 5. final ruling affirmed lower court based on substantial question of law. (Para 25 , 26) |
Judgment :
1.This is defendant's Second Appeal filed under Section 100 of the Code of Civil Procedure , 1908 against the judgment and decree dated 5-5-1994 passed by the learned District Judge, Rajnandgaon in Civil Appeal No. 6-A of 1990 whereby learned District Judge Rajnandgaon has dismissed the appeal against the judgment and decree dated 8-3-1990 passed by the learned Civil Judge, Class II, Dongargarh by which suit has been decreed.
“Whether in the facts and circumstances of the case the First Appellate Court was justified in rejecting appellant's application under Order 41 Rule 27 and under Order 6 Rule 17 of CPC?”
4.Brief facts reflected from the plaint averments are that:
(B) It is also case of the plaintiffs that whe
Amendments altering the fundamental nature of a case are impermissible; evidence must align with pleadings for consideration in civil litigation.
The Appellate Court cannot remand a case without meeting the specific criteria outlined in the Civil Procedure Code, particularly under Order 41, Rules 23, 23-A, or 25.
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 judgment emphasizes the importance of allowing the amendment of pleadings and production of additional evidence to achieve substantial justice, as provided under Order VI Rule 17 CPC and Order 41....
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