Supreme Court of India

Malayalam Plantations Ltd. v. State of Kerala and Anr.

Neutral citation
Reported as [2010] 14 S.C.R. 162
Bench P. Sathasivam and Dr. B.S. Chauhan JJ.
Decided 9 November 2010

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.

What the Court ordered

In view of the above provision, in our opinion, when an application for reception of additional evidence under Order 41 Rule 27 of CPC was filed by the parties, it was the duty af the High Court to deal with the same on merits.

Judgment, page 12

From the headnote

Code of Civil Procedure, 1908: 0.41, r.27 - Production of additional evidence in appellate court - Held: It is incumbent on the part of the appellate court to consider the relevance of the additional documents/evidence with regard to the issues involved - Situations in which additional evidence can be adduced - Discussed - Additional evidence cannot, however, be adduced to fill in the lacunae or to patch up the weak points in the case. Practice and Procedure: Remand of case for decision - Order of remand with specific directions - Scope for adjudication on remand - Kera/a Private Forests

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