Gurminder Singh v. Amarjit Kaur & Ors.

Supreme Court of India · 24 Sep 2015
Anil R. Dave; Adarsh Kumar Goel
CIVIL APPEAL NO.8058 OF 2015
civil appeal_allowed Significant

AI Summary

The Supreme Court allowed the appellant a one-time opportunity to lead further evidence before the First Appellate Court, modifying the impugned judgment to ensure justice without causing undue delay.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL APPEAL NO.8058 OF 2015
(Arising out of SLP(C)No.11635 of 2015)
GURMINDER SINGH ... APPELLANT(S)
VS.
AMARJIT KAUR & ORS. ... RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Heard the learned counsel.

2. Leave granted.

3. Looking at the very peculiar facts of the case, in the interest of justice, we modify the impugned judgment to the effect that the appellant shall be given an opportunity to lead further evidence before the First Appellate Court on 7th December, 2015. We clarify that no further date be granted by the First Appellate Court for adducing further evidence. Page 2

4. In view of this, the appeal is allowed to the above extent, with no order as to costs ............... J. [ANIL R. DAVE] .............. J. [ADARSH KUMAR GOEL] New Delhi; 24th September, 2015. Page 3 ITEM NO.46 COURT NO.3

SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).11635/2015 (Arising out of impugned final judgment and order dated 08/12/2014 in SAO No.51/2010 passed by the High Court Of Punjab & Haryana At Chandigarh)

VERSUS

AMARJIT KAUR & ORS. Respondent(s) (With appln.(s) for bringing on record the additional facts and interim relief and office report) Date: 24/09/2015 This petition was called on for hearing today. CORAM: HON'BLE MR.

JUSTICE ANIL R. DAVE HON'BLE MR.

JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Ms. Meenakshi Arora,Sr.Adv. Mr. Arvind Kumar,Adv. For Respondent(s) Mr. Vikas Mahajan,Adv. Mr. Vinod Sharma,Adv. Mr. Amarnath Singh,Adv. Ms. Anuradha Mutatkar,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed with no order as to costs in terms of the signed judgment. (Sarita Purohit) (Sneh Bala Mehra) (Signed Non-reportable judgment is placed on the file)