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Laliteshwar Prasad Singh & Ors. v. S.P. Srivastava (D) Thr. Lrs.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4426 of 2011)Decided 15 Dec 2016
Civil Appeal No. 4426 of 2011
Justice R.K. Agrawal · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The case was a suit for declaration of title to immovable property. The Patna High Court had reversed the trial court's decree, and the appellants had been made parties only at the first appeal stage.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court had not considered the evidence led by the defendants and had not given the appellants a proper chance to produce oral and documentary evidence under Order XLI Rule 27 of the Code of Civil Procedure. It set aside the High Court's judgment and sent the whole matter back for fresh consideration after both sides get a full opportunity to lead evidence. The Court made clear that it had not expressed any opinion on the merits.

Lesson Learnt

There is no final ruling yet on the title dispute. An appellate court must consider the evidence of all sides and give parties added at the appeal stage a fair chance to lead evidence.

Official source (sci.gov.in)View Judgment (PDF)

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