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.