Nainmull Jain v. Madhu
Case brief
What is this about?
The High Court set aside the order allowing the admission of original documents as additional evidence before the hearing of the main appeal. The court directed the appellate court to consider the request only alongside the main appeal on merits within three months.
What did the court decide?
The order dated 29.11.2018 allowing additional evidence is set aside. The First Appellate Court is directed to decide the application regarding the Original Settlement Deed along with the main appeal
What the court decided
1 CRP.No.156 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2022
CORAM:
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.No. 156 of 2019 and CMP.No.1332 of 2019
Nainmull Jain .. Petitioner
Versus
1.Mrs. Madhu, 2.Mr. Sunil Kumar, 3. Mr Praveen Kumar ...Respondents
Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 29.11.2018 passed by the XV Additional Judge City Civil Court, at Chennai in C.M.P.No.48 of 2018 in A.S.No.55 of 2018.
For Petitioner : Mr.K.J. Parthasarathy, For Respondents : Mr. A.K. Rahavulu for R1 No Appearance for R2 & R3 -----
Issues for consideration
3 issues framed by the court
Whether the appellate court can receive additional evidence under Order XLI Rule 27 CPC before hearing the main appeal on merits.
Whether the First Appellate Court was correct in admitting the Settlement Deed as additional evidence without assigning reasons.
Whether the order allowing the Civil Miscellaneous Petition is liable to be set aside.
Parties & counsel
- petitioner
Nainmull Jain
- respondent
Madhu
- respondent
Sunil Kumar
- respondent
Praveen Kumar
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court