Case Note & Summary
The case involved an appeal filed by Ramesh Chand and another against the Ghaziabad Development Authority concerning a second appeal dismissed by the High Court of Judicature at Allahabad. The High Court dismissed the second appeal on the grounds that reappraisal of evidence was not permitted. During the pendency of the second appeal, the appellants filed an application for acceptance of additional evidence under Order 41, Rule 27 of the Code of Civil Procedure, which was not decided by the High Court. The Supreme Court found that the High Court's procedure of not addressing the application for additional evidence was improper. The Court emphasized that the application should have been dealt with at the time of the second appeal's disposal. Consequently, the Supreme Court set aside the High Court's judgment and remitted the case back for a fresh decision on the second appeal along with the application for additional evidence, instructing the High Court to resolve the matter within two months without unnecessary adjournments. The Court did not make any order regarding costs.
Headnote
A) Civil Procedure - Second Appeal - Non-Decision on Additional Evidence - Code of Civil Procedure, 1908, Order 41 Rule 27 - The High Court's failure to decide the application for additional evidence during the second appeal proceedings was improper, necessitating a remand for fresh consideration. The Supreme Court directed the High Court to decide the second appeal along with the application for additional evidence within two months (Paras 2-5).
Issue of Consideration
Whether the High Court erred in not deciding the application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure during the disposal of the second appeal.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the case back for a fresh decision on the second appeal along with the application for additional evidence, to be decided within two months without unnecessary adjournments.
Law Points
- Order 41 Rule 27 CPC
- second appeal
- additional evidence
- reappraisal of evidence
