Lakshmikutty Amma and Others Vs Cheriyan and Others

High Court Of Kerala 27 Feb 1967 C.M.P. No. 7736 of 1962 in S.A. No. 1086 of 1962 (1967) 02 KL CK 0018
Bench: Division Bench
Acts Referenced

Judgement Snapshot

Case Number

C.M.P. No. 7736 of 1962 in S.A. No. 1086 of 1962

Hon'ble Bench

M.S. Menon, C.J; S. Velu Pillai, J

Advocates

V. Rama Shenoi and R. Raya Shenoi, for the Appellant; T.M. Cheriyan for Respondent No. 1 and P.K. Kesavan Nair, for the Respondent

Acts Referred
  • Civil Procedure Code, 1908 (CPC) - Order 41 Rule 27(1)

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

1. Counsel for the respondents opposed the admission of the documents relying on A.I. R. 1965 S.C. 1008. In that case the Supreme Court construed clause (b) of order 41 Rule 27 (1) of the C.P. C. as it is in force in Bombay which corresponds to clause (c) of order 41 rule 27(1) of the C.P. C. as it is in force in-Kerala. But the documents filed before us are sought to be admitted under clause (b) of the latter which is much wider and which confers a larger discretion on the court, in the admission of additional evidence in appeal. Having perused the affidavit in support of the application to admit these documents, we are satisfied, that tinder clause (b) as aforesaid, the application has to be allowed. The decision of the Supreme Court relied on has no application. Accordingly we allow the application and admit the fresh documents. The affidavit, the petition and the order now produced as fresh documents will be marked as Exs. E, F & G. respectively. This application is ordered as above.

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