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Surjit Singh v. Gurwant Kaur

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8283 of 2014)Decided 27 Aug 2014
Civil Appeal No. 8283 of 2014
Justice Dipak Misra · Justice V. Gopala Gowda

Background

In a suit to enforce a land-sale agreement, the purchaser sought to introduce bank records late in the trial to show financial readiness. The trial court refused after numerous unused opportunities, and the High Court affirmed that refusal. After losing the suit, she obtained permission to produce the same records in her appeal, which the sellers challenged.

Decision Breakdown

The Court allowed the sellers' appeal and set aside the orders admitting the additional evidence. The purchaser had known of the documents and lacked the due diligence required by Order XLI Rule 27. Nor were the bank records so essential to deciding the appeal that the appellate court needed them to pronounce judgment or for another substantial cause. Judicial propriety also mattered because the trial-stage rejection had already been affirmed in revision. The Court left open the broader question whether that earlier rejection technically operated as res judicata and did not decide the underlying specific-performance appeal.

Lesson Learnt

An appeal is not a routine opportunity to fill evidentiary gaps left after repeated trial opportunities. Additional documents require the specific justification set out in the procedural rules.

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

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