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july 2011

Supreme Court of India · 2011-07-04

Rajinder Sharma vs Arpana Sharma

Citation / case number
AIR 2011 SUPREME COURT 3161
Court
Supreme Court of India
Petitioner
Rajinder Sharma
Respondent
Arpana Sharma
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court set aside the High Court's order remitting the case back to the trial Court for additional evidence under Order 41 Rule 27 CPC, emphasizing that the High Court, as the first appellate Court, should decide the matter based on the existing record. The Court held that remanding the case would unnecessarily prolong the proceedings, and directed the High Court to resolve the appeals expeditiously, ensuring a decision by the end of 2011. The judgment reinforces the principle that appellate courts should exercise their authority to resolve disputes rather than defer to lower courts when sufficient evidence is available.

Rajinder Sharma vs Arpana Sharma · Niyam