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march 1951

Supreme Court of India · 1951-03-02

ARJAN SINGH alias PURAN vs KARTAR SINGH AND OTHERS.

Citation / case number
SC 1950/12
Court
Supreme Court of India
Petitioner
ARJAN SINGH alias PURAN
Respondent
KARTAR SINGH AND OTHERS.
Bench
AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that the discretion to admit additional evidence under Order XLI, Rule 27 of the Civil Procedure Code, 1908, is judicially constrained and improper admission necessitates ignoring such evidence. The Court clarified that additional evidence may only be admitted when inherent defects in existing evidence are apparent, not for newly discovered evidence. Furthermore, under Section 7 of the Punjab Act II of 1920, alienation of non-ancestral property cannot be contested on grounds of custom, affirming the High Court's decision.

ARJAN SINGH alias PURAN vs KARTAR SINGH AND OTHERS. · Niyam