SARJOO ALIAS SURAJ Vs. NATHUNI SINGH

JUDGEMENT

(1.) -Heard Sri Ashish Mishra, learned counsel for the appellant and Sri P. K. Jain, learned counsel appearing for the respondent.

(2.) PLAINTIFF's suit for cancellation of sale deed was dismissed by the trial court. On appeal before the lower appellate court the decree of the trial court has been reversed and the suit has been decreed.

(3.) IT is argued on behalf of the appellant that the act of obtaining the digital photographs of the disputed and admitted thumb impressions in the lower appellate court is nothing but admission of additional evidence under Order XLI, Rule 27, C.P.C. and in that direction certain formalities are required to be observed by the Court while admitting such additional evidence. In the present case, the lower appellate court did not go into all those legal aspects of the matter and has ignored its obligations for adhering to the required procedure. IT is further submitted that the lower appellate court while reversing the findings recorded by the trial court has simply based its findings on the enlargement of the digital photographs and it did not require the expert's opinion on the basis of those photographs.