Madhav @ Mahadev Vs.
Sindhu Patil & ANR. [2008] INSC 2099 (5 December 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.7145 OF 2008 (Arising out of S.L.P. (C) No.28180
of 2008) Madhav @ Mahadev ...Appellant(s) Versus Sindhu Patil and Anr.
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
By the impugned
order, High Court dismissed Regular First Appeal preferred against decree
without considering oral and documentary evidence adduced on behalf of the
parties. It is well settled that, in appeal against decree, the First Appellate
Court is itself required to consider oral and documentary evidence adduced by
the parties and the same having not been done, the impugned order is fit to be
set aside on this ground alone.
Accordingly, the
appeal is allowed, impugned order rendered by the High Court is set aside and
the matter is remitted to the High Court to dispose of first appeal in
accordance with law after giving opportunity of hearing to the parties.
......................J.[B.N.
AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
December
05, 2008.
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