VidhiSangh

Supreme Court of India · 09/03/2026

GOBIND SINGH AND ORS. versus UNION OF INDIA AND ORS.

[2026] 3 S.C.R. 277 · 2026 INSC 211

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Summary

The plaintiffs claimed title to land in Gwalior through an earlier ex parte decree obtained against the State without impleading the Union of India. The High Court in first appeal dismissed their suit without deciding their Order XLI Rule 27 CPC application, but later rejected it in review. The Supreme Court held that this caused no miscarriage of justice: the Rule permits additional evidence only in narrow circumstances, and the proposed General Land Register entries could not cure the foundational defect in the plaintiffs' title. The appeals were dismissed.

Issues

  1. Whether the High Court's omission to decide the application under Order XLI Rule 27 CPC while deciding the first appeal caused manifest injustice warranting interference.
  2. Whether the additional evidence, entries in the General Land Register showing the land as private land, should have been admitted and would have affected the result.

Provisions considered

Held

Result

Appeals dismissed; the High Court's judgments in the first appeal and the review petition were affirmed.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 277.