M/S. Eastern Equipment & Sales Ltd vs Ing. Yash Kumar Khanna

The Supreme Court held that the appellate court should have considered the application for acceptance of additional evidence under Order 41 Rule 27 of the Code of Civil Procedure along with the pending appeal. The Court set aside the High Court's order affirming the rejection of the application, directing the appellate court to decide the appeal on merits within three months. The decision emphasizes the necessity of considering additional evidence for a fair adjudication of the case without delving into the merits of the evidence itself.