Supreme Court · 1996 INSC 564 · Decided 22 April 1996
SMT. Sarada and ORS. v. Manikkoth Kombra Rajendran
- Court
- Supreme Court of India
- Citation
- 1996 INSC 564 · [1996] SUPP. 1 S.C.R. 624
- Case number
- CIVIL APPEAL No. 7739/1996
- Decided
- 22 April 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 41
Headnote
Code of Civil Procedure, 1908 : Order 41, Rule 27-Additional evidence-Filing of-Property sold as a C collateral security-Subsequent agreement mentioning receipt of considera­ tion-Appellate court refusing to take the document as additional evidence-Held : Appellate court ought to have received of the paities or calling a finding on it fi'om the trial cowt-Without that it would not be possible to render fair justice between the parties-Appeal remitted D back to the appellate court to follow the procedure and dispose of the appeal in accordance with law. E F G CIVIL APPELLATE
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