Vidarbha Youth Welfare Society, Amravati, Thr. President, Dr. N.R. Dhande and Ors. v. Subhash Rambhau Deshmukh and Others
Case brief
What is this about?
Order 41 Rule 27 CPC — additional evidence in pending regular civil appeal — stage of consideration of additional-evidence application (final hearing of appeal) — premature/prematurely decided application — quashing and setting aside of appellate order on timing ground alone — merits kept open — Union of India v. Ibrahim Uddin, (2012) 8 SCC 148 — Regular Civil Appeal No.228/2023 — Regular Civil Suit No.301/2018 — Exh.24 application — Vidarbha Youth Welfare Society Amravati — Subhash Rambhau Deshmukh — remittal to Appellate Court — three-month timeline for appeal disposal — no order as to costs — Bombay High Court Nagpur Bench — neutral citation 2025:BHC-NAG:14401.
What did the court decide?
Writ petition disposed of with no order as to costs; impugned order dated 21.02.2025 quashed and set aside only on the timing count; matter remitted to the Appellate Court to decide the Exh.24 application under Order 41 Rule 27 CPC at the stage of final hearing of Regular Civil Appeal No.228/2023, with all merit issues kept open; the appeal to be decided preferably within three months.