Rajender Kumar v. Santosh and Others
Case brief
What is this about?
Rajender Kumar v. Santosh & ors., decided 04.08.2025 by Hon'ble Mr. Justice Pankaj Jain (oral). Petitioner challenged an order of the Lower Appellate Court dismissing his application under Order 41 Rule 27 Code of Civil Procedure (additional evidence in appeal) passed before final adjudication of the appeal. Court held such a premature order cannot be sustained and set it aside, directing the Lower Appellate Court to test the Order XLI Rule 27 CPC application at the time of deciding the appeal, expressly leaving merits untouched. Counsel: Ajay Vijarania (petitioner); Sumit Sangwan (respondent No.1); Rajesh K.Dhankhar and Narender Tewatia (respondents No.2(C) & 2(D)).
What did the court decide?
Impugned order set aside; Lower Appellate Court directed to test the petitioner's application under Order XLI Rule 27 CPC while adjudicating the appeal itself