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Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): Abhay Manohar Sapre, Ashok Bhushan , JJ

(A) Civil P.C. (5 of 1908) , S.96— First appeal - Right to file - Valuable legal right of litigant - First appeal should not be dismissed in limine - Court should first admit it and then decide it finally - First appellate Court delivering 50 pages judgment - As yet, dismissing appeal in limine observing that appeal has 'absolutely no arguable point' - Not proper - First appellate Court can appreciate entire evidence and may come to conclusion different from that of Trial Court. RFA No. 933 of 2002, D/- 24-06-2003 (Kar), Reversed. (Para 21 22) (B) Civil P.C. (5 of 1908) , O.41 R.27— Additional evidence - Production of, at appellate stage - Application not opposed by respondents as they were not noticed of appeal - Reasons for not adducing additional evidence earlier - And delay in filing such evidence at appellate stage - Averred in application - Averments in application were supported with an affidavit, which remained un-rebutted -Application also contained necessary averment as to why additional evidence was necessary to decide real controversy involved in appeal - Evidence being in nature of public documents and pertained to suit land - Should be permitted to be taken on record - Further, Appellant being Union of India - Entitled to claim more indulge....