Supreme Court of India · 2009-08-03
H.P.VEDAVYASACHAR vs SHIVSHANKARA
- Citation / case number
- SC 2007/34498
- Court
- Supreme Court of India
- Petitioner
- H.P.VEDAVYASACHAR
- Respondent
- SHIVSHANKARA
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA
Judgment text excerpt
The Supreme Court addressed the appeal concerning a suit for permanent injunction and restoration of possession under the Code of Civil Procedure, specifically referencing Order XLI Rule 27. The Court held that the appellate court's decision to remand the case for fresh disposal was justified due to the respondents not being given sufficient opportunity to present their evidence. Consequently, the Court upheld the remand order, allowing the appellants to lead additional evidence before the trial court.