2008 (4) TMI 824 - SC - Indian Laws

Summary

Issues involved: Appeal against rejection of petition for acceptance of additional evidence under Order 41 Rule 27 of the Code of Civil Procedure.

The Supreme Court condoned the delay, granted leave, and allowed the appeal against the order passed by the High Court affirming the rejection of the petition for acceptance of additional evidence. The Court held that the appellate Court should have considered the application under Order 41 Rule 27 of the Code of Civil Procedure along with the appeal. The Court set aside the orders of the High Court and the appellate Court, directing the appellate Court to decide the pending appeal along with the application under Order 41 Rule 27 on merits within three months. The Court cited the case of Jaipur Development Authority v. Kailashwati Devi AIR1997SC3243 in support of its decision. The Court clarified that it did not delve into the merits of the application under Order 41 Rule 27, leaving it open to be decided by the appellate court during the appeal process. No costs were awarded in this matter.