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Supreme Court of India 2018-08-10 allowed

Corporation of Madras & Anr vs M. Parthasarathy & Ors

Bench: 1 — Abhay Manohar Sapre

In Brief

The Corporation of Madras and another appealed against a High Court judgment that had upheld decrees in four civil suits filed by the respondents for permanent injunction over disputed land in Chennai. The Supreme Court found that the first Appellate Court committed two critical jurisdictional errors: it admitted additional evidence under Order 41 Rule 27 CPC without affording the defendants an opportunity to file rebuttal evidence, and it failed to follow proper procedural safeguards (either full retrial or limited trial on specific issues). The Court allowed the appeals, set aside the impugned judgment, and remanded the cases to the Trial Court for a complete retrial with full procedural protections for both parties.

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Civil Procedure Evidence Law Appellate Procedure Injunction

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