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SUBHASH CHAND
Motilal Agarwal – Appellant
Versus
Ram Babu Sharma – Respondent
ORDER :
(Subhash Chand, J.)
1. Learned counsel for the petitioners and learned counsel for the
2. The instant Civil Miscellaneous Petition has been preferred on behalf opposite parties are present. of the petitioners dissatisfied with the impugned order dated 27.02.2023 passed by the learned District Judge-III, Lohardaga in M.C.A. No.09 of 2020 only to the extent whereby the application of the applicant under Order XLI Rule 27 of 29.11.2017 was allowed.
3. Learned counsel for the petitioners has submitted that he has filed the original suit for declaration of right, title and interest in the property in suit and also for permanent injunction restraining the defendants not to make interference in the possession of the very suit, which was decreed by the learned Trial Court and in that suit, the plaintiff had averred his rights in the property in suit on the basis of sale deed, which had been executed in his favour in the year 1973 by the mother of the defendant, namely, Ramwati Devi and dissatisfied with the decree passed in Title Suit No.31 of 2015, the appeal was preferred on behalf of the respondent, which is pending now. During pendency of the very appeal, the defendants-appellan
Additional evidence cannot be admitted in appellate proceedings unless it is relevant to the pleadings and cannot be used to fill gaps in a party's case.
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....
Point of Law : Procedural and technical hurdles should not be allowed to come in the way of the Court while doing substantial justice.
The central legal point established in the judgment is the enabling power of the Appellate Court to allow additional evidence for any substantial cause and the need for such evidence to pronounce jud....
The admissibility of public documents requires corroborative evidence to establish claims of familial relationships; civil suits challenging property mutations remain maintainable under specific prov....
Order VII Rule 14 CPC and Evidence Act Sections 65(a), 45 cannot be used belatedly to fill evidentiary lacunae; requires due diligence, notice, authentication; no supervisory interference absent perv....
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