In Brief
Appellants sought declaration of title and permanent injunction over their property. The trial court granted partial relief. On appeal, the First Appellate Court admitted additional evidence (a Patta document) to prove the appellants' title to the remaining portion and allowed the appeal. The High Court set aside this decree, holding that the proper procedure under Order 41, Rule 28 of the CPC was not followed to prove the additional evidence. The Supreme Court held that remission to the First Appellate Court for compliance with procedural requirements was the appropriate remedy, rather than outright reversal. The Court set aside the High Court's judgment and remitted the case for proper procedural compliance and fresh decision on merits.
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