VidhiSangh

Supreme Court of India · 21/02/2018

AKHILESH SINGH @ AKHILESHWAR SINGH versus LAL BABU SINGH & ORS.

[2018] 1 S.C.R. 1085 · 2018 INSC 184

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Summary

The Supreme Court set aside a first-appellate judgment that admitted additional evidence and simultaneously relied on it to dismiss a partition suit without giving the opposing party an opportunity to rebut or explain alleged admissions. Neither the failure to file a counter-affidavit to the pending applications nor absence at the hearing justified denying that opportunity. The appeal was remitted for fresh decision without any opinion on the partition merits.

Issues

  1. Whether admission of additional evidence in first appeal required an opportunity to rebut it or explain alleged admissions.
  2. Whether absence of a counter-affidavit or representation at the hearing dispensed with that opportunity.
  3. What relief should follow the procedural error.

Provisions considered

Held

Result

Appeal allowed; High Court judgment and decree set aside. First appeal remitted for fresh decision after an opportunity to lead rebuttal evidence, preferably within six months of production of the judgment; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 1085.