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february 2018

Supreme Court of India · 2018-02-21

AKHILESH SINGH @ AKHILESHWAR SINGH vs LAL BABU SINGH

Citation / case number
SC 2017/19167
Court
Supreme Court of India
Petitioner
AKHILESH SINGH @ AKHILESHWAR SINGH
Respondent
LAL BABU SINGH
Author
ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court held that the Patna High Court erred in allowing additional evidence under Order XLI Rule 27 of the Code of Civil Procedure without providing the appellant an opportunity to rebut the evidence, thereby violating principles of natural justice. The Court emphasized that the right to a fair hearing is fundamental, and failure to allow rebuttal evidence can lead to a miscarriage of justice. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's decree in favor of the appellant.

AKHILESH SINGH @ AKHILESHWAR SINGH vs LAL BABU SINGH · Niyam