Sunday 17 September 2023

Whether the appellate court can permit parties to adduce additional evidence if they have amended memo of appeal not original proceeding?

 We have noticed hereinbefore that the amendments have not been carried out in the pleadings in terms of Order VI, Rule 18 of the Code of Civil Procedure. The said provision being mandatory, if not complied with the consequences flowing therefrom shall ensue.The purported amendments of the Memo of Appeal and the Reference applications, therefore, could not have been the basis for allowing adduction of additional evidence as has been done by the High Court. {Para 76}


Civil Appeal Nos. 6825-26 and 6827-6832/2003, 

Decided On: 07.09.2005

Union of India (UOI)  Vs. Pramod Gupta (D) by L.Rs. and Ors.

Hon'ble Judges/Coram:

Ashok Bhan and S.B. Sinha, JJ.

Citation:  MANU/SC/0549/2005.

Read full Judgment here: Click here

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