Gobind Singh & Ors. v. Union of India & Ors., 2026
It emphasizes that litigating parties cannot rely on appellate stage to patch gaps in their case.
Judgement Details
Court
Supreme Court of India
Date of Decision
11 March 2026
Judges
Justice Vikram Nath & Justice Sandeep Mehta
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The dispute involved ownership and possession of a piece of land in Gwalior.
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Appellants (plaintiffs) claimed ownership via adverse possession.
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Respondent-Union of India claimed ownership based on transfer from the State Government in 1953.
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Trial court decreed in favour of the appellants, granting declaration of title and injunction.
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Union of India filed a first appeal in the High Court.
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During the pendency of appeal, appellants sought to adduce additional evidence under Order XLI Rule 27 CPC.
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High Court did not adjudicate the application for additional evidence and reversed the trial court’s decision.
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Appellants argued before the Supreme Court that High Court’s omission to decide the application resulted in miscarriage of justice.
Issues
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Whether parties have a vested right to produce additional evidence at the appellate stage under Order XLI Rule 27 CPC?
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Whether the High Court erred in not adjudicating the application seeking additional evidence before deciding the appeal?
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Under what conditions can an appellate court permit production of additional evidence as per Order XLI Rule 27 CPC?
Held
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Vested right to adduce evidence does not exist at appellate stage.
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Appellate court discretion is key and conditional under Order XLI Rule 27 CPC.
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Permission to produce evidence is exceptional, not a matter of course.
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Late introduction of evidence cannot salvage a case that is already flawed.
Analysis
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Identifies strict conditions under which additional evidence may be allowed on appeal.
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Emphasizes that litigating parties cannot rely on appellate stage to patch gaps in their case.
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Reinforces judicial discretion in admitting evidence to prevent unnecessary delays or abuse of process.
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Aligns with prior principles from Union of India v. Ibrahim Uddin (2012), highlighting the exceptional nature of additional evidence at appeal stage.