S.H.SHETH
CHUDASMA JASUBHA MANUBHA – Appellant
Versus
CHUDASMA RAISINH BAPUBHA – Respondent
( 1 ) IN MADAMANCHI RAMAPPA AND ANOTHER V. MUTHALURU BOJJAPPA A. I. R. 1963 S. C. 1633. Mr. Chhatrapati has filed on behalf of the plaintiffs an affidavit to which are annexed copies of certain documents. He prays far taking additional evidence on record. According to him that evidence shows that what the defendants have stated in their evidence is false. The question which has arisen is whether it is open to this Court in a Second Appeal to take additional evidence. On the question whether additional evidence can be taken or not in a second Appeal there are two schools of thought. In P. V. SUBBA RAJA V. S. S. NARAYANA RAJA AND OTHERS A. I. R. 1954 MADRAS 1074 Mr. Justice Krishnaswami Nayudu after having reviewed a number of decisions has held that the circumstances under which a second appellate Court may determine an issue of fact are limited to the conditions arising under sec. 103 which makes the position clear that so far as evidence is concerned on which an issue of fact may be determined the evidence on record must be sufficient to enable the High Court to decide the question of fact. According to him it necessarily implies that it as ordinarily not competent
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