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Head Note

The Hindu Marriage Act, 1955  - Section 12 , The Code of Civil Procedure, 1908  - Order XLI Rule (27)

Additional evidence - Order of Annulment of marriage by trial Court - Wife filed appeal before High Court and also filed application under Order 41 Rule 21 for adducing additional evidence - High Court remanded the matter to trial Court and directed the trial Court to allow the application of the respondent for adducing additional evidence by giving corresponding right to the appellant to rebut that evidence and also directed the trial Court to decide the matter afresh - Order of remand by High Court set aside - It was found that most of the documents which are sought to be adduced by way of adducing evidence are on record - High Court, being the first appellate Court, is a Court of both fact and law - Therefore, it will be in the interest of justice for the High Court to decide the controversy in accordance with law.

Topic(s)-Additional evidence

Important Decision(s)- CPC, 1908 - O 41, R 27 - Additional evidence - High Court remanded the matter to allow the application of the respondent for adducing additional evidence by giving rebut that evidence and also directed the trial Court to decide the matter afresh - Set aside.