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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Subrata Roy Maulick @ Dablu – Appellant
Versus
Daliya Moitra, Daughter of Late Gayatri Roy – Respondent
| Table of Content |
|---|
| 1. dismissal of previous partition suit affects new claims. (Para 2 , 3 , 4) |
| 2. conditions for additional evidence in appeal. (Para 5 , 6 , 10) |
| 3. authority of appellate court on additional evidence. (Para 7 , 8 , 9) |
| 4. petition dismissed for not meeting requirements. (Para 11) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel for the petitioner.
2. This petition has been filed under Article 227 of Constitution of India for setting aside order dated 19.06.2024 passed by the learned A.J.C.-V, Ranchi in Misc. Civil Application No. 404 of 2023 (in Civil Appeal No. 100 of 2020) whereby the petition filed by the petitioner under Order 41 Rule 27 of C.P.C. has been rejected.
3. Mr. Prakash Chandra, learned counsel for the petitioner submits that plaintiff/respondent no.1 has instituted Partition Suit No. 122 of 2002 for partition and claiming 1/2 share in the same property in question and in between the near about similar parties as mentioned in Partition Suit No. 183/2005. He submits that the said Partition Suit no. 122/2002 was dismissed vide order dated 16.09.2003 and for the same relief another partition suit being Partition Suit No. 183 of 2005 was instituted which w
The court upheld that additional evidence in appellate proceedings is only admissible under specific conditions, underscoring the importance of judicial discretion and the res-judicata principle.
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.
Remand orders must adhere to strict procedural requirements; mere routine remanding without due diligence in evidence withholding is impermissible.
The appellate court may allow additional evidence under Order XLI Rule 27 CPC if it is necessary to arrive at a just conclusion on the main issue.
Production of additional evidence – Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on main issue in suit, such app....
The court emphasized that applications for additional evidence must be considered alongside the main appeal to ensure fair adjudication, following established judicial precedents.
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