Gnanavel, v. Velu
Case brief
What is this about?
The High Court set aside the lower appellate decree that received additional documents without following mandatory CPC procedures. The matter was remanded to the Trial Court for a fresh trial and consideration of evidence.
What did the court decide?
The impugned judgment was set aside and the matter was remanded to the Trial Court for fresh consideration on merits.
What the court decided
S.A.No.641 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
S.A.No.641 of 2021
Gnanavel
Vs.
Velu ... Respondent
PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908 against the Judgment and Decree in A.S.No.83 of 2018 dated 28.02.2019 on the file of the Sub Court, Ulundurpet in partly allowing the appeal as against the Judgment and Decree in O.S.No.56 of 2013 dated 28.11.2013 on the file of the Principal District Munsif Court, Ulundurpet.
For Appellant : Mr.M.Himavanth For Respondent : Mr.M.Muruganantham
JUDGMENT
Issues for consideration
3 issues framed by the court
Whether the lower appellate Court was justified in receiving additional evidence without following the mandatory procedure under Order XLI Rules 28 and 29 CPC.
Whether the sale receipt can be construed as a valid 'Sale' under Section 54 of the Transfer of Property Act to confer title.
Whether the lower appellate Court could decree the suit based on additional documents without giving the appellant an opportunity to cross-examine.
Parties & counsel
- appellant
Gnanavel
- respondent
Velu
Coram
Abdul Qudduose
Case details
As recorded by the court registry
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