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R. SAKTHIVEL
Selvaraj – Appellant
Versus
Chandran – Respondent
JUDGMENT :
PRAYER in S.A.No.63 of 2021: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated December 4, 2019 made in A.S.No.5 of 2014 on the file of the Sub Court, Rasipuram, confirming the Judgment and Decree dated February 26, 2013 made in O.S.No.40 of 2010 on the file of the District Munsif Court, Rasipuram.
PRAYER in C.M.P. No.16924 of 2022 in S.A.No.63 of 2021: Civil Miscellaneous Petition for reception of additional evidence under Order XLI Rule 27 (1) of Code of Civil Procedure, 1908 praying to receive the certified copy of the affidavit and the Writ Petition, both in W.P.No.17486 of 2021 as well as the certified copy of the Order dated September 8, 2021 passed therein, and mark them as Ex-B.12 to Ex-B.14 in the Original Suit.
Judgment and Decree dated December 4, 2019 passed in A.S.No.5 of 2014 by the 'Subordinate Court, Rasipuram' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated February 26, 2013 passed in O.S.No.40 of 2010 by the ‘District Munsif Court, Rasipuram' ['Trial Court' for brevity] was confirmed, are under challenge in this Second Appeal.
2. The defendant in the Or
The appellate court emphasized the necessity of treating counter-claims with the same rigor as original suits, mandating separate decrees and proper procedural adherence.
(1) Additional evidence – Parties do not possess any vested or automatic right to seek admission of additional evidence at appellate stage.(2) Appeal is ordinarily to be decided on evidence adduced b....
The court maintained that prior judgments and actual possession govern ownership claims in property disputes, reaffirming the principle of res judicata in civil matters.
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....
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