Recording of Additional Evidence Needs Exceptional and Special Circumstances/Grounds: SC


The Supreme Court has given a judgment in case,   C.P No. 1692-L of 2022, wherein the Court has delved into Order XLI Rule 27 of the Code of Civil Procedure and has held that remanding a matter for recording additional evidence shall not be done straightaway without existence of the exceptional circumstances and grounds mentioned in the said order. There must be certain reasons which demands that additional evidence is necessary for deciding the lis.

Similarly, the Court has also briefly commented on the scope of review too that factual controversy cannot de decided in review petition unless the same is so perverse in law that causes grave injustice to a party. Review has its own grounds and a court must confine itself to those grounds while deciding an issue in review jurisdiction.

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