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Basavaraj A/F Shivalingappa Kallur vs Neelavva W/O Manthayya Kalur on 3 March, 2026

20. Even insofar as application filed under Order XLI Rule 27 of CPC for additional evidence, this Court as early as in case of Thimmappa Basappa Kurahatti v. Somappa Venkappa Nagnur reported in ILR 1988 Kar 1654, held proper course for Appellate Court on finding need for allowing additional evidence would be to follow procedure under Order XLI Rule 28 of CPC and not to remand entire suit back to trial Court. Admittedly, there is failure by first appellate Court to follow said mandate. For said reasons, impugned judgment and decree would be unsustainable.
Karnataka High Court Cites 6 - Cited by 0 - R V Hosmani - Full Document
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