Supreme Court · 2017 INSC 386 · Decided 24 April 2017
J. Balaji Singh v. Diwakar Cole & ORS.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 386 · [2017] 3 S.C.R. 555
- Case number
- CIVIL APPEAL No. 5540/2017
- Decided
- 24 April 2017
- Bench
- R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
· Code of Civil Procedure, 1908 - 01:41, rr.27, 23, 23-A, 25 and 01:43, r. J (u) - Jurisdictio11al error - Appellant filed suit against the respondents for declaration of title and permanent injunction over the suit property - Suit dismissed by trial court - Aggrieved appellant filed appeal an application u/Or.41,r.27,to file additional evidence (documents) - Both appeal and applicatio11 u/01:41, r.27 allowed by first Appellate court and matter remanded back to trial court to decide the suit aji·esh on 111erits - Howeve1; High Court exa111ined the case on merits and set
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