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september 2013

Supreme Court of India · 2013-09-16

Govt. Of Karnataka And Anr vs K.C.Subramanya And Ors

Citation / case number
AIRONLINE 2013 SC 318
Court
Supreme Court of India
Petitioner
Govt. Of Karnataka And Anr
Respondent
K.C.Subramanya And Ors
Bench
Pinaki Chandra Ghose, Gyan Sudha Misra

Judgment text excerpt

The Supreme Court upheld the High Court's decision rejecting the appellants' request to adduce additional evidence under Order XLI Rule 27(1)(aa) of the Code of Civil Procedure, 1908, stating that the appellants failed to demonstrate that the evidence was not within their knowledge despite due diligence. The Court emphasized that additional evidence cannot be introduced at the appellate stage merely at the party's leisure. The appeal, stemming from a suit for declaration and confirmation of possession, was dismissed as the appellants could not prove any legal infirmity in the concurrent findings of the lower courts.

Govt. Of Karnataka And Anr vs K.C.Subramanya And Ors · Niyam