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september 2008

Supreme Court of India · 2008-09-19

Jatinder Singh & Anr.Minor Tr.Mother vs Mehar Singh & Ors

Citation / case number
AIR 2009 SUPREME COURT 354
Court
Supreme Court of India
Petitioner
Jatinder Singh & Anr.Minor Tr.Mother
Respondent
Mehar Singh & Ors
Bench
Tarun Chatterjee, Aftab Alam

Judgment text excerpt

The Supreme Court set aside the High Court's dismissal of the appellants' second appeal, emphasizing the High Court's failure to address the application under Order 41 Rule 27 of the Code of Civil Procedure for additional evidence. The Court held that it was the High Court's duty to consider the application on merits before dismissing the appeal. The matter was remitted back to the High Court for a fresh decision, including the application for additional evidence, without delving into the merits of the case.

Jatinder Singh & Anr.Minor Tr.Mother vs Mehar Singh & Ors · Niyam