Supreme Court: Appellants can not rely upon the additional evidence at the appellate stage in the absence of foundational pleadings in plaint

 11.11. Further, even at the stage of the earlier suit instituted by the predecessors-in-interest of the Appellant-Plaintiffs, their consistent case was one of lawful title to the suit property. No plea of adverse possession was ever raised against the Respondent-Defendants. The Appellants wish to rely upon the additional evidence, namely, the entries in the General Land Register maintained by the Respondent-Defendants to show that the suit property is recorded as private land. Such an endeavour, at the appellate stage and in the absence of foundational pleadings, is wholly impermissible in law. Mere recording of the land in suit as private land in the GLR does not in any manner benefit the Appellants claim of ownership.

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 5168-5169 of 2011

Decided On: 09.03.2026

Gobind Singh and Ors. Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

Vikram Nath and Sandeep Mehta, JJ.

Author: Vikram Nath, J.

Citation: 2026 INSC 211,MANU/SC/0205/2026.

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