VidhiSangh

Supreme Court of India · 10/08/2018

THE CORPORATION OF MADRAS & ANR. versus M. PARTHASARATHY & ORS.

[2018] 10 S.C.R. 900 · 2018 INSC 689

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The first appellate court admitted fresh documents and decreed four land-injunction suits without allowing the opposing parties to rebut or the documents to be proved appropriately. The Supreme Court upheld admission of the additional evidence but set aside the merits decrees and remanded all four suits for a fresh trial with full evidentiary opportunity.

Issues

  1. Whether the first appellate court could decide the suits on newly admitted evidence without rebuttal and appropriate proof.

Provisions considered

Held

Result

Appeals allowed; the impugned merits decisions were set aside and all four suits remanded for retrial within one year. Admission of the plaintiffs’ additional evidence was preserved, subject to proof and rebuttal.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 900.