J. BALAJI SINGH vs DIWAKAR COLE .

The Supreme Court held that the High Court erred in setting aside the first Appellate Court's judgment which allowed the plaintiff's application under Order 41 Rule 27 and remanded the case for fresh consideration. The Court emphasized the importance of allowing additional evidence when it is material and necessary for a fair trial, as per Section 151 of the Code of Civil Procedure, 1908. The Supreme Court restored the first Appellate Court's order, thereby allowing the plaintiff to present additional evidence and have the suit decided afresh.