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april 2017

Supreme Court of India · 2017-04-24

J. Balaji Singh vs Diwakar Cole & Ors

Citation / case number
AIR 2017 SUPREME COURT 2402
Court
Supreme Court of India
Petitioner
J. Balaji Singh
Respondent
Diwakar Cole & Ors
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, R.K. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court erred in setting aside the first Appellate Court's judgment which had allowed the plaintiff's application under Order 41 Rule 27 of the Code of Civil Procedure, 1908 for additional evidence. The Court emphasized that the additional evidence was necessary for a fair adjudication of the case and thus remanded the matter back to the Trial Court for a fresh decision on merits. The Court's holding reinstates the importance of allowing additional evidence in civil proceedings to ensure justice is served.

J. Balaji Singh vs Diwakar Cole & Ors · Niyam