In Brief
In a property partition dispute spanning decades, the High Court admitted additional evidence (sale deeds) filed by defendants in their appeal and simultaneously decided the case relying on those documents, without giving the original plaintiff-respondent an opportunity to rebut or explain admissions contained therein. The Supreme Court held that fundamental fairness requires appellate courts to grant the other party an opportunity to lead rebuttal evidence when additional evidence is admitted, as this principle flows from natural justice. The Court set aside the High Court's judgment and remitted the matter for fresh decision after affording the plaintiff an opportunity to respond to the additional evidence."
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