Supreme Court of India · 2008-09-19
JATINDER SINGH & ANR.MINOR TR.MOTHER vs MEHAR SINGH .
- Citation / case number
- SC 2006/28644
- Court
- Supreme Court of India
- Petitioner
- JATINDER SINGH & ANR.MINOR TR.MOTHER
- Respondent
- MEHAR SINGH .
- Author
- TARUN CHATTERJEE,AFTAB ALAM, , ,
- Bench
- TARUN CHATTERJEE,AFTAB ALAM, , ,
Judgment text excerpt
The Supreme Court held that the High Court erred in not considering the application under Order 41 Rule 27 of the Code of Civil Procedure for the acceptance of additional evidence in the second appeal. The Court emphasized that it was the duty of the High Court to address this application on merits before dismissing the appeal. Consequently, the Supreme Court set aside the High Court's judgment and remitted the case for a fresh decision, including the application for additional evidence, without expressing any opinion on the merits of the case.