Supreme Court · 1997 INSC 631 · Decided 2 September 1997

Jaipur Development Authority v. SMT. Kailashwati Devi

Court
Supreme Court of India
Citation
1997 INSC 631 · [1997] SUPP. 3 S.C.R. 664
Case number
CIVIL APPEAL No. 5948/1997
Decided
2 September 1997
Bench
S.C. SEN, M. JAGANNADHA RAO (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 41

Headnote

Civil procedure Code, 1908 : Order 41, Rule 27(l)(aa)-Additional evidence-Eligibility for being entitled to produce-Held, not confined to par­ ties who have adduced some evidence before the trial court--Even a party C who produced no evidence before the trial court can seek such permis­ additional evidence under Order 41, Rule 27, CPC in a pending first appeal on the ground that the appellant had not led any evidence in the trial court. D Hence this appeal. Allowing the appeal, the Court HELD : The intention of Rule 27 (1) (aa) of Order 41 C.P .C is that a party who, for the

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