In Brief
The plaintiff sought a decree of possession by redeeming a mortgage, but the High Court reversed this decree in Second Appeal and remanded the case to the First Appeal Court to record additional evidence that the defendant had sought to adduce. The Supreme Court held that the High Court's order rejecting the additional evidence in civil revision had attained finality after hearing arguments. The High Court could not collaterally reopen closed proceedings by characterizing that order as non-merits. The Court allowed the appeals and remitted the matter to the High Court for decision on merits without the remand.
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