Supreme Court · 2021 INSC 829 · Decided 6 December 2021
Satish Chand Surana v. Raj Kumar Meshram
- Court
- Supreme Court of India
- Citation
- 2021 INSC 829 · [2021] 9 S.C.R. 586
- Case number
- CIVIL APPEAL No. 7446/2021
- Decided
- 6 December 2021
- Bench
- S. ABDUL NAZEER, KRISHNA MURARI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 107
Headnote
Code of Civil Procedure, 1908 - Or.XLI, r.27 and s.107 - Dismissal of main appeal by First Appellate Court without deciding application for additional evidence - Held: Not proper - Ordinarily, the Appellate Court should not travel beyond the record - s.107 CPC carves out an exception to this general rule, enabling the Appellate Court to take additional evidence subject to conditions prescribed in Or.XLI, r.27 CPC - Thus, grant or refusal of opportunity for production of additional evidence at the appellate stage is within
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