In Brief
In this civil appeal concerning a property dispute between two religious mutts, the High Court allowed three applications to produce additional evidence and remanded the matter to the trial court for a fresh decision. The Supreme Court held that while the High Court was right to allow the additional evidence applications (as the documents could materially affect the parties' rights), it erred in relegating the parties to the trial court. Instead, under CPC Order 41 Rules 25 and 28, the High Court should have directed the First Appellate Court to record the additional evidence and return findings to it for final determination. The Court partly allowed the appeal, setting aside the remand and directing the High Court to properly frame issues and refer them to the First Appellate Court.
The lawyer headnote and full judgment text are available to registered users.