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TUSHAR RAO GEDELA
Shakina – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
1. With the consent of parties, present petition is taken up for disposal today.
2. Petitioner challenges the order dated 02.12.2020 whereby the First Appellate Court heard the arguments on the application under Order 41 Rule 27 of the Code of Civil Procedure, 1908 (CPC) and dismissed the same.
3. Mr. Bhalla, learned Senior Counsel appearing for the Petitioner submits that the first Appellate Court while hearing the arguments overlooked the law laid down by the Supreme Court in M/s. Eastern Equipment & Sales Ltd. Vs. Ing. Yash Kumar Khanna, (2008) 12 SCC 739, which was also considered by a Co-ordinate Bench of this Court in Savitri Devi vs. Gayatri Devi and Ors., 2010 (114) DRJ 327. This Court in Savitri Devi (supra) followed the dicta as laid down in the judgment of the Supreme Court in M/s. Eastern Equipment & Sales Ltd. (supra) regarding the manner and stage at which the Appellate Court ought to consider an application under Order 41 Rule 27 CPC.
4. Mr. Bhalla, learned Senior Counsel submits that the impugned order appears to have been passed in the teeth of the judgments referred to above and sub
The main legal point established in the judgment is the importance of deferring the hearing of an application under Order 41 Rule 27 CPC to the final hearing of the appeal and considering whether the....
An application for additional evidence under Order 41 Rule 27 CPC must be decided concurrently with the main appeal to uphold judicial efficacy and fairness.
The court emphasized that applications for additional evidence must be considered alongside the main appeal to ensure fair adjudication, following established judicial precedents.
The main legal point established in the judgment is that the power to permit additional evidence at the appellate stage under Order 41 Rule 27 CPC is limited and should be exercised sparingly, with s....
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