LAWS(SC)-2019-2-379

RAGHAVENDRASWAMY MUTT Vs. UTTARADI MUTT

Decided On February 25, 2019
Raghavendraswamy Mutt Appellant
V/S
Uttaradi Mutt Respondents

JUDGEMENT

(1.) Leave granted.

(2.) By the judgment of this Court dated 26 Sept. 2018 in Civil Appeal No. 9333/2018 titled "Uttaradi Mutt vs. Raghavendra Swamy Mutt", the following directions were issued:-

(3.) In the course of its judgment, this Court held that the application filed by the appellant under Order XLI Rule 27 of the Code of Civil Procedure, 1908 was correctly allowed by the High Court. However, this Court held that instead of remanding the suit to the Trial court, it would be appropriate for the High Court to frame the points on which additional evidence could be adduced by the defendant (the appellant in the present proceedings) and the first appellate court could be called upon to record additional evidence inter alia covering the genuineness and authenticity of the additional evidence including whether the contents have been duly proved.