VidhiSangh

Supreme Court of India · 22/08/2025

IQBAL AHMED (DEAD) BY LRS. & ANR. versus ABDUL SHUKOOR

[2025] 8 S.C.R. 1174 · 2025 INSC 1027

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

Summary

Before allowing a party to lead additional evidence under Order XLI Rule 27(1) CPC, the appellate court must first examine that party's pleadings to see whether the case sought to be supported by the additional evidence has been pleaded. The High Court, which reversed a decree for specific performance on the strength of additional documents admitted without that examination, was set aside and the first appeal remanded for fresh consideration.

Issues

  1. Whether an appellate court must consider the pleadings of the party seeking to lead additional evidence under Order XLI Rule 27(1) CPC before adjudicating the application.
  2. Whether the High Court was justified in allowing the defendant's application for additional evidence and reversing the decree for specific performance on that basis.

Provisions considered

Held

Result

Appeal allowed. Judgment and order dated 30.12.2008 of the High Court in RFA No. 440 of 2000 set aside; proceedings remanded to the High Court to reconsider the appeal, along with the defendant's application under Order XLI Rule 27(1) CPC, afresh in accordance with law. High Court requested to expedite the appeal given that the suit was filed in 1997; no opinion expressed on merits; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 1174.