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april 2008

Supreme Court of India · 2008-04-30

M/S. EASTERN EQUIPMENT & SALES LTD. vs ING.YASH KUMAR KHANNA

Citation / case number
SC 2007/11254
Court
Supreme Court of India
Petitioner
M/S. EASTERN EQUIPMENT & SALES LTD.
Respondent
ING.YASH KUMAR KHANNA
Bench
TARUN CHATTERJEE & HARJIT SINGH BEDI

Judgment text excerpt

The Supreme Court set aside the orders of the High Court and the Appellate Court rejecting the application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure. The Court held that the Appellate Court should have considered the application along with the pending appeal, directing it to decide both on merits within three months. The decision referenced the precedent in Jaipur Development Authority vs. Kailashwati Devi, 1997 (7) SCC 297, but did not address the merits of the application itself.

M/S. EASTERN EQUIPMENT & SALES LTD. vs ING.YASH KUMAR KHANNA · Niyam