Supreme Court · 2018 INSC 184 · Decided 21 February 2018
Akhilesh Singh @ Akhileshwar Singh v. Lal Babu Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 184 · [2018] 1 S.C.R. 1085
- Case number
- CIVIL APPEAL No. 2108/2018
- Decided
- 21 February 2018
- Bench
- A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Or. LXI, r.2 proviso and r.27 - Additional evidence - In appellate court - Accepted and simultaneously judgment pronounced in the main case, without giving opportunity to the opposite party to lead evidence in rebuttal or to give an opportunity to Order LXI engrafts rule of natural justice and fair play, by providing that the court is obliged to grant a sufficient opportunity to the contesting party, if any new ground is allowed, which may affect the contesting party - In the present case High Court (appellate court) in the interest
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