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march 2004

Supreme Court of India · 2004-03-23

JAYARAMDAS & SONS vs MIRZA RAFATULLAH BAIG

Citation / case number
SC 2003/25689
Court
Supreme Court of India
Petitioner
JAYARAMDAS & SONS
Respondent
MIRZA RAFATULLAH BAIG
Author
AR. LAKSHMANAN. R.C. LAHOTI
Bench
DR. AR. LAKSHMANAN. R.C. LAHOTI

Judgment text excerpt

The Supreme Court addressed the rejection of an application under Rule 27 of Order XLI of the Code of Civil Procedure, 1908, which sought to introduce additional evidence in a suit for permanent preventive injunction. The Court held that the First Appellate Court erred in dismissing the application without adequately considering the relevance of the new evidence, which could materially affect the findings. Consequently, the Court remanded the case for reconsideration of the additional evidence, emphasizing the necessity of ensuring justice through proper examination of all relevant documents.

JAYARAMDAS & SONS vs MIRZA RAFATULLAH BAIG · Niyam