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september 2008

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.

JATINDER SINGH & ANR.MINOR TR.MOTHER vs MEHAR SINGH . · Niyam