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2008 (4) TMI 544 - SC - Indian LawsLand Acquisition Act - appeal - respondent is a Bhumidar and in possession of the suit land and the transfer of possession by the U.P. Government to the appellant was not proved – Held that:- High Court has altogether failed to consider the application filed by the appellant under Order 41 Rule 27 C.P.C.- even the application under order 6 Rule 17 C.P.C. has not been dealt with in its correct perspective and the High Court was in error in rejecting the same on the sole ground that such an application was not maintainable at the stage of second appeal - High Court was not even aware of the pendency of the application under order 41 Rule 27 C.P.C. seeking leave to adduce additional evidence - additional documents, sought to be admitted, necessary to pronounce the judgment in the appeal, in a more satisfactory manner, it would have allowed the application and, if not, the application would have been dismissed - judgment and the orders are erroneous and cannot be sustained - matter is remitted back to the High court
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