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Civil · Reportable judgment

Jiten K. Ajmera & Anr. vs M/s Tejas Co-Operative Housing Society

Court
Supreme Court of India
Date
6 May 2019
Case No.
Civil Appeal No. 4628 of 2019
Result
Allowed
Bench
Uday Umesh Lalit, Indu Malhotra
Citation
[2019] 7 S.C.R. 243 : 2019 INSC 625
Supreme Court Reports [2019] 7 S.C.R. 243 : 2019 INSC 625
Headnote

Code of Civil Procedure, 1908: Or XLI, r. 27 – Production of additional evidence at the appellate stage – Application by appellants for bringing additional evidence on record, along with the documents sought to be produced in the pending appeal – Rejected by the State Commission as also National Commission – On appeal, held: The documents came into existence after the appeal was filed before the State Commission – They are of relevance to establish that the appellants were not in a position to obtain the Occupancy Certificate from the Municipal Corporation until the unauthorized structures were removed – In the absence thereof, the appellants would not be in a position to substantiate their case that they were unable to obtain the Occupancy Certificate, and comply with the directions issued by the District Forum – State Commission erred in rejecting the application u/Or XLI, r. 27 by merely stating that the documents are “not necessary” – Said order is an unreasoned one – Thus, the order passed by the State Commission as also the order passed by the National Commission is set aside – Matter remitted to the State Commission to take the additional documents on record, and decide the appeal on merits. A. Andisamy Chettiar v. A. Subburaj Chettiar, (2015)

17 SCC 713 : [2015] 14 SCR 190 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by INDU MALHOTRA, J. Leave granted. 1. The present Civil Appeal has been filed to challenge the Order dated 16.03.2018 passed in Revision Petition No. 175 of 2016 by the National Consumer Disputes Redressal Commission (hereinafter referred to as “the National Commission”). The Revision Petition was filed to challenge the Interim Order dated 10.12.2015 passed by the State Commission Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as “the State Commission”) in First Appeal No. 85 of 2013. The Appellants herein had filed an Applica
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