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.