Supreme Court of India · 2008-08-18
Namdeo vs Tukaram
- Court
- Supreme Court of India
- Petitioner
- Namdeo
- Respondent
- Tukaram
- Bench
- P. Sathasivam, R.V. Raveendran
Judgment text excerpt
The Supreme Court held that the first appellate court erred in not properly addressing the application under Order 41 Rule 27 of the CPC regarding the admission of additional evidence. The Court emphasized that when additional evidence is permitted, the appellate court must record reasons for its admission, which was not done in this case. Consequently, the Court set aside the judgments of the High Court and the first appellate court, remanding the matter for proper consideration of the application under Order 41 Rule 27 CPC.