1.Code of Civil Procedure, 1908–Order 41, Rules 23, 23A & 27–Scope–While taking the additional evidence on record, appellate Court can very well determine the case finally when it records it’s satisfation that evidence available on record is sufficient but then it is also expected of the appellate Court to take into consideration the mandates of Rules 23 & 23A besides the subject matter of suit.
2.Code of Civil Procedure, 1908–Order 41, Rules 23, 23A & 27–Appellate Court allowed the additional evidence and reversed the finding of trial Court–Justification–Matter of eviction based on personal and bonafide necessity–First appellate Court overlooked that an opportunity to the appellant-tenant
to counter the same is essential–It failed to examine the true purport of Rule 23 & 23A–Impugned judgment of appellate Court set aside and matter remanded to trial Court for deciding certain issues in accordence with law.
