Satish Chand Surana vs Raj Kumar Meshram

Court

Supreme Court of India

Date

6 December 2021

Case No.

Civil Appeal No. 7446 of 2021

Result

Partly allowed

Bench

S. Abdul Nazeer, Krishna Murari

Citation

[2021] 9 S.C.R. 586 : 2021 INSC 829

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 of the lower court – 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 the discretion of the appellate court – The First Appellate court, being the last court of facts and evidence, should permit the production of additional evidence where the explanation furnished by the party is satisfactory and the documents in question are vital to establish the case.

The following Order of the Court was passed: ORDER Leave granted. (2) The appellant herein was the plaintiff in Civil Suit No.30A/2017 on the file of the First Additional District Judge, Balode, and the respondent was the defendant. The parties are referred to by their respective ranking before the Trial Court. (3) The plaintiff filed the said suit for specific performance of the Agreement dated 26.08.2015 said to have been executed by the defendant in favour of the plaintiff for sale of property No.395 and 396/1 having area 0.59 hectare and 0.05 hectare respectively, totally measuring 0.6

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