Supreme Court of India
North Eastern Railway Administration, Gorakhpur v. Bhagwan Das (d) by Lrs.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the impugned judgment and the orders are erroneous and cannot be sustained.
Judgment, page 11
From the headnote
Code of Civil Procedure, 1908 - s. 107, 0. 6 r. 17 and 0. c 41 r. 27 -Amendment of pleadings and production of additional document - At the stage of second appeal - Permissibility - Held : Amendment of pleadings is permissible at appellate stage - It can be denied if it causes the other party an injury which could not be compensated in costs - The general rule is that additional evidence is not admissible at appellate stage - However s. 107 provides exception to the general rule, whereby appellate court is enabled to admit additional evidence subject to the conditions and limitations provided
Authorities it was built on
Where later benches applied it
- 2023 Ganesh Prasad v. Rajeshwar Prasad and Ors.
- 2015 A. Andisamy Chettiar v. A. Subburaj Chettiar
- 2011 State of Madhya Pradesh v. Union of India & Anr.
Of those, 3 referred to
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