In Brief
This appeal challenges the Patna High Court's decision to allow a First Appeal in a partition suit by admitting additional evidence (sale deeds) and simultaneously deciding the appeal without giving the opposing party an opportunity to rebut or explain the admissions contained in those documents. The Supreme Court held that procedural fairness requires an appellate court, when admitting additional evidence under Order LXI Rule 27 CPC that it relies upon to decide the appeal, to grant the contesting party a sufficient opportunity to lead rebuttal evidence or explain any admissions. The High Court's failure to do so violated the principles of natural justice. The Court set aside the High Court's judgment and remanded the matter for fresh consideration after affording the appellant due opportunity to respond.
The lawyer headnote and full judgment text are available to registered users.