LawDistill
Supreme Court of India

GOBIND SINGH vs UNION OF INDIA on 9 March, 2026

Cites 3 provisionsCites 0 judgmentsCited by 0
2026 INSC 211ReportableC.A. No.-005168-005169 - 2011Official PDFAuthor Vikram NathBench Vikram Nath, Sandeep MehtaAdvocates KUNAL VERMA
2026 INSC 211REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APELLATE JURISDICTION
CIVIL APPEAL NOS. 5168-5169 OF 2011
GOBIND SINGH AND ORS. …APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. …RESPONDENT(S)
J U D G M E N T

1.The present appeals, by special leave, are directed against the judgment dated 12th August, 2009, and the subsequent judgment rendered in review on 15th March, 2011, by the High Court of Madhya Pradesh, Bench Gwalior,1 in First Appeal No. 80 of 1996 and Review Petition No. 300 of 2009, respectively whereby the appeal filed by the Union of India was allowed and the review of the appellant was dismissed. By the aforesaid orders, the judgment and decree dated 25 March 1996 passed by the Court of the Vth Additional District Judge, Gwalior2, in Civil NEETU KHAJURIA 2 Hereinafter, referred to as “Civil Court”. Suit No. 5-A of 1990 was set aside and the suit was dismissed.

2.The appellants3 herein instituted in Civil Suit No. 5-A of 1990, seeking a declaration of title and a decree of permanent injunction against the defendants4. Respondent Nos. 1 to 4 were arrayed as defendant Nos. 1 to 4, respectively, in the said suit. FACTS OF THE CASE: -

3.The facts, insofar as they are necessary for the disposal of the present appeals, are set out hereinafter: -3.1. The case of the appellant-plaintiffs is that the land bearing Survey No. 2029, admeasuring 8 Bighas and 10 Biswas, situated in Patwari Halqa No. 51, opposite Baaj Cinema Hall, Murar, Pargana and District Gwalior, is owned and possessed by them. It is alleged that on 4th December, 1989 officers of the respondent-defendants entered upon the suit property with the intent to remove the wire fencing erected thereon, the two shops constructed by the plaintiffs, as well as the standing crops on the said land. 3 Hereinafter, referred to as “appellant-plaintiffs”. 4 Hereinafter, referred to as “respondent-defendants”. 3.2. In this backdrop, the appellant-plaintiffs instituted a civil suit, being Civil Suit No. 55A of 19895, on 5th December, 1989 before the Civil Court, seeking a declaration of title and a decree of permanent injunction restraining the defendants from interfering with the suit property. The appellantplaintiffs asserted that the suit property constituted their ancestral property and that their forefathers had been in continuous ownership and possession thereof for the preceding fifty years. 3.3. The Trial Court, vide judgment dated 26th March, 1996, decreed the suit, holding that the title, ownership and possession of the suit property vested in the appellant-plaintiffs, and that the respondentdefendants had failed to establish any title thereto. 3.4. Aggrieved by the said decree, the respondentdefendants preferred first appeal before the High Court. During the pendency of the appeal, the appellant-plaintiffs filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 19086, seeking to place on record certified copies of the General Land Register maintained by the respondent-defendants. It was the case of the 5 Re-numbered later as “5-A of 1990”. 6 For short, “CPC”. appellant-plaintiffs that the said documents would demonstrate that the suit property stood recorded as private land. 3.5. The High Court, vide judgment dated 12th August, 2009, allowed the appeal preferred by the respondent-defendants, holding that the appellantplaintiffs had claimed perfection of title on the basis of a decree passed in an earlier suit to which the respondent-defendants were not parties. 3.6. Aggrieved thereby, the appellant-plaintiffs instituted a review petition before the High Court primarily on the ground that the application for additional evidence had not been decided. The High Court, however, by judgment dated 15th March, 2011, dismissed not only the review petition but also the application for additional evidence and affirmed the judgment rendered in the first appeal, while imposing costs of Rs.2,000/-.

4.It is in these circumstances that the appellantplaintiffs have approached this Court. SUBMISSIONS ON BEHALF OF THE PARTIES: -

5.Shri Anupam Lal Dass, learned Senior Counsel appearing on behalf of the appellants, assailed the judgments passed by the High Court and advanced the following submissions: -5.1. That the High Court acted contrary to law in proceeding to decide the appeal on merits without first adjudicating upon the application filed by the appellant-plaintiffs under Order XLI Rule 27 of CPC for leading additional evidence. 5.2. That the predecessors-in-interest of the appellant-plaintiffs had instituted a civil suit against the State seeking a declaration of title, which was decreed by a court of competent jurisdiction, and that the said judgment has since attained finality. 5.3. That the material on record clearly establishes that the appellant-plaintiffs have remained in continuous and uninterrupted possession of the suit property since the time of their forefathers, and have, therefore, perfected title thereto by way of adverse possession. 5.4. On these premises, the appellant-plaintiffs prayed that the present appeals be allowed and that the impugned judgments of the High Court be set aside.

6.Per contra, Shri V. Chitambresh, learned Senior Counsel appearing for the respondents, strongly opposed the submissions advanced on behalf of the appellants and advanced the following contentions: -6.1. That the land comprising Morar Cantonment, within which the suit property is situated, vested in the Union Government in the year 1953 upon transfer of ownership from the State Government. 6.2. That the ex parte decree passed in the earlier civil suit against the State of MP instituted by the predecessors-in-interest of the appellant-plaintiffs would not be binding on the Union, having been rendered in the absence of the respondentdefendants, who were neither impleaded nor afforded an opportunity of being heard in the said suit. 6.3. The application for additional evidence was misplaced and without any merit. It did not fall within the four corners of the principles and parameters laid down in the Order XLI Rule 27 CPC. The same has been rightly rejected by the High Court while deciding the review petition. 6.4. On these grounds, the respondent-defendants vehemently urged that the present appeals be dismissed and the impugned judgments of the High Court be affirmed. ANALYSIS AND DISCUSSION: -

7.We have heard the learned senior counsel appearing for the parties and have carefully perused the material placed on record.

8.The limited question that arises for consideration is whether the High Court’s omission to expressly adjudicate the application filed under Order XLI Rule 27 of CPC while deciding the first appeal has resulted in any manifest injustice or miscarriage of justice so as to warrant interference by this Court.

9.In order to properly appreciate the controversy involved, it would be apposite to advert to the reasoning adopted by the courts below. While decreeing the suit instituted by the appellantplaintiffs, the Trial Court recorded the following findings: -i. That it was an undisputed fact that, in respect of the suit property, a decree dated 9th July, 1984, had already been passed by a competent court in favour of the predecessors-in-interest of the appellant-plaintiffs. ii. That upon an appraisal of the material placed on record, the appellant-plaintiffs were found to be in possession and occupation of the suit property in the capacity of owners thereof. iii. That the respondent-defendants failed to place on record any documentary evidence to substantiate their claim of ownership or possession over the suit property. iv. That the objection raised by the respondentdefendants regarding the alleged failure of the plaintiffs to disclose the source of their title was rejected, as the documentary evidence on record sufficiently established that the plaintiffs held ownership over the suit property and had been in continuous possession and occupation thereof for a considerable length of time thus consequently, the plaintiffs’ ownership stood proved.

10.When the said decree was assailed by the respondent-defendants before the High Court by way of an appeal, the High Court, while allowing the appeal, recorded the following findings: -i. That the earlier suit instituted by the predecessors-in-interest of the plaintiffs against the State of Madhya Pradesh was decreed ex parte by the Civil Court, without the respondent–Union of India having been impleaded as a party to the said proceedings. It was not binding on the Union of India. ii. That from the pleadings and evidence adduced in the present suit, it emerged that the plaintiffs’ claim over the suit property was founded on adverse possession, predicated on their alleged possession of the land since the time of their forefathers. Their could not be any perfection of rights by adverse possession against the State/Union howsoever long may be the possession. iii. That the plaintiffs failed to discharge the burden of proving ownership over the suit property, having neither produced any documentary evidence nor examined any witness to establish the point of time at which their forefathers came into possession of the land and on what basis. iv. That the plaintiffs had sought to claim perfection of title on the basis of adverse possession in the earlier suit filed by their predecessor and, by doing so, procured a decree of declaration without impleading the respondent-defendants. Consequently, the said decree was held to be not binding on the respondent-defendants, and the plaintiffs were found not to have acquired ownership in the eyes of law. v. While deciding the review petition the application for additional evidence was also dismissed as being without any merit.

11.In our considered view, the High Court has

committed no error in rendering the impugned

judgments and, for the reasons that follow

hereinafter, we are not persuaded to interfere and

are, accordingly, inclined to dismiss the present

appeals.

11.1. It is true that the High Court, while delivering

the judgment dated 12th August, 2009, did not advert

to the application filed by the appellant-plaintiffs

under Order XLI Rule 27 of CPC. However, when the

said judgment was assailed by way of a review

petition, the appellant-plaintiffs specifically

contended that the judgment could not be sustained

on account of the High Court’s failure to consider the

application seeking to adduce additional evidence.

The High Court, by its subsequent judgment dated

15th March, 2009, dismissed the review petition and,

in the process, also rejected the application filed

under Order XLI Rule 27 of CPC as being without any

merit.

11.2. In order to properly appreciate the controversy

involved, it is necessary to first advert to the statutory

provision applicable to the case at hand. Order XLI

Rule 27 of CPC reads as follows: -

“27. Production of additional

evidence in Appellate Court.–

(1) The parties to an appeal shall not

be entitled to produce additional

evidence, whether oral or

documentary, in the Appellate Court.

But if –

(a) . . .

(aa) the party seeking to

produce additional evidence,

establishes that

notwithstanding the exercise of

due diligence, such evidence

was not within his knowledge or

could not, after the exercise of

due diligence, be produced by

him at the time when the

decree appealed against was

passed, or

(b) . . .

the Appellate Court may allow such

evidence or document to be

produced, or witness to be examined.

(2) Wherever additional

evidence is allowed to be produced by

an Appellate Court, the Court shall

record the reason for its admission.”

11.3. Rule 27, being couched in negative terms,

makes it abundantly clear that parties to an appeal

are not entitled to adduce additional evidence,

whether oral or documentary, save and except in the

circumstances expressly enumerated therein. The

provision contemplates only three eventualities in

which additional evidence may be permitted: first, where the court which passed the decree has refused

to admit evidence which ought to have been

admitted; second, where the party seeking to adduce such evidence establishes that, notwithstanding the

exercise of due diligence, the evidence was not within

its knowledge or could not have been produced at the

time when the decree under appeal was passed; and

third, where the appellate court itself requires any document to be produced or any witness to be

examined in order to enable it to pronounce judgment

or for any other substantial cause.

11.4. Accordingly, it is only upon satisfaction of any

of the aforesaid three contingencies that an

application under Order XLI Rule 27 of CPC can be

entertained. Sub-rule (2) of the said provision further

mandates that where the appellate court forms an

opinion that additional evidence is required to be

admitted, it must record the reasons for such

admission. While elucidating the scope and object of

Order XLI Rule 27 of CPC, this Court, in Union of

India v. Ibrahim Uddin,7 undertook an exhaustive

analysis of the provision. The relevant extract is

reproduced hereinafter: -

“36. The general principle is that the

appellate court should not travel

outside the record of the lower court

and cannot take any evidence in

appeal. However, as an exception,

Order 41 Rule 27 CPC enables the

appellate court to take additional

evidence in exceptional

circumstances. The appellate court

may permit additional evidence only

and only if the conditions laid down

in this Rule are found to exist. The

parties are not entitled, as of right, to

the admission of such evidence.

Thus, the provision does not apply,

when on the basis of the evidence on

record, the appellate court can

pronounce a satisfactory judgment.

The matter is entirely within the

discretion of the court and is to be used

sparingly. Such a discretion is only a

judicial discretion circumscribed by the

limitation specified in the Rule itself.

. . .

38. Under Order 41 Rule 27 CPC, the

appellate court has the power to allow

a document to be produced and a

witness to be examined. But the

requirement of the said court must be

limited to those cases where it found

it necessary to obtain such evidence

for enabling it to pronounce

judgment. This provision does not

entitle the appellate court to let in

fresh evidence at the appellate stage

where even without such evidence it

7 (2012) 8 SCC 148

can pronounce judgment in a case. It

does not entitle the appellate court to

let in fresh evidence only for the

purpose of pronouncing judgment in

a particular way. In other words, it is

only for removing a lacuna in the

evidence that the appellate court is

empowered to admit additional

evidence.

. . .

41. The words “for any other

substantial cause” must be read with

the word “requires” in the beginning

of the sentence, so that it is only

where, for any other substantial

cause, the appellate court requires

additional evidence, that this Rule

will apply e.g. when evidence has

been taken by the lower court so

imperfectly that the appellate court

cannot pass a satisfactory judgment.”

Thus, a holistic reading of the aforesaid decision

makes it clear that the appellate court’s inquiry,

while considering an application for leading

additional evidence, is confined to examining whether

such evidence is necessary to remove a lacuna in the

case. More importantly, the appellate court may

permit additional evidence only upon being satisfied

that the conditions expressly stipulated under Order

XLI Rule 27 of CPC are fulfilled. The parties do not

possess any vested or automatic right to seek

admission of additional evidence at the appellate

stage. Consequently, the provision has no application

where the appellate court is in a position to render a

satisfactory and reasoned judgment on the basis of

the evidence already available on record.

11.5. In State of Karnataka v. K.C. Subramanya,8

the appellants therein had moved an application

before the appellate court under Order XLI Rule 27 of

CPC seeking leave to produce a map of the area to

establish that the disputed land constituted a public

road. This Court, while affirming the High Court’s

decision to reject the said application, held as follows:

“4. . . .

On perusal of this provision, it is

unambiguously clear that the party

can seek liberty to produce additional

evidence at the appellate stage, but

the same can be permitted only if the

evidence sought to be produced could

not be produced at the stage of trial

in spite of exercise of due diligence

and that the evidence could not be

produced as it was not within his

knowledge and hence was fit to be

produced by the appellant before the

appellate forum.

5. It is thus clear that there are

conditions precedent before allowing

a party to adduce additional evidence

at the stage of appeal, which

specifically incorporates conditions

to the effect that the party in spite of

due diligence could not produce the

evidence and the same cannot be

8 (2014) 13 SCC 468

allowed to be done at his leisure or

sweet will.”

This Court thus categorically held that unless

the requirements stipulated under Order XLI Rule 27

of CPC are strictly satisfied, a party cannot be

permitted to adduce additional evidence at the

appellate stage. Such permission cannot be granted

as a matter of course, nor can additional evidence be

introduced at the whim or convenience of a litigating

party.

11.6. Where the appellate court permits additional

evidence to be adduced, Order XLI Rule 27(2) of CPC

casts a mandatory obligation upon the court to

record the reasons for such admission. In Ibrahim

Uddin (supra), this Court elucidated the rationale underlying the requirement of recording reasons in

the following terms: -

“42. Whenever the appellate court

admits additional evidence it should

record its reasons for doing so (sub-rule

(2)). It is a salutary provision which

operates as a check against a too easy

reception of evidence at a late stage of

litigation and the statement of reasons

may inspire confidence and disarm

objection. Another reason of this

requirement is that, where a further

appeal lies from the decision, the record

of reasons will be useful and necessary

for the court of further appeal to see, if

the discretion under this Rule has been

properly exercised by the court

below. The omission to record the

reasons must, therefore, be treated as a

serious defect. But this provision is only

directory and not mandatory, if the

reception of such evidence can be

justified under the Rule.”

11.7. The procedural framework under Order XLI of

CPC makes it abundantly clear that an appeal is

ordinarily to be decided on the evidence adduced

before the Trial Court. The Appellate Court is not

expected to embark upon a fresh fact-finding exercise

or permit production of additional evidence as a

matter of routine. Where the Appellate Court is

satisfied that the material already available on record

is sufficient to enable it to pronounce judgment, it is

well within its jurisdiction to confine its consideration

to the evidence forming part of the record of the

courts below.

11.8. In the present case, the High Court, upon an

examination of the evidence adduced by the parties,

proceeded to analyse the decree passed in the earlier

civil suit instituted by the predecessors-in-interest of

the appellant-plaintiffs. The High Court observed

that the said decree was not binding upon the

respondent-defendants, as they had not been

impleaded as parties to those proceedings.

Consequently, no legal sanctity could be attached to

any subsequent entries made in the revenue records

on the strength of the said decree, including the

mutation of the plaintiffs’ names therein.

11.9. Once the said finding recorded by the Trial

Court was set aside, whereby the entire claim of

ownership of the appellant-plaintiffs rested upon the

earlier decree and the consequent entries in the

revenue records, the onus squarely shifted upon the

appellant-plaintiffs to independently establish their

title to the suit property.

11.10. The appellant-plaintiffs were, from the

outset, fully aware that the respondent-defendants

had not been impleaded as parties in the earlier civil

suit instituted by their predecessors. Having founded

their claim upon a decree which was non-est insofar as the respondent-defendants were concerned, it was

impermissible for the appellant-plaintiffs to seek to

introduce additional evidence at the appellate stage

to cure the inherent defects in their case. The present

suit being one for declaration of title, it was

incumbent upon the appellant-plaintiffs, if they

indeed possessed a valid title, to adduce their best

and complete evidence at the stage of trial before the

court of first instance, where such evidence could

have been produced as a matter of right.

11.11. Further, even at the stage of the earlier

suit instituted by the predecessors-in-interest of the

appellant-plaintiffs, their consistent case was one of

lawful title to the suit property. No plea of adverse

possession was ever raised against the respondent-

defendants. The appellants wish to rely upon the

additional evidence, namely, the entries in the

General Land Register maintained by the

respondent-defendants to show that the suit property

is recorded as private land. Such an endeavour, at

the appellate stage and in the absence of

foundational pleadings, is wholly impermissible in

law. Mere recording of the land in suit as private land

in the GLR does not in any manner benefit the

appellants claim of ownership.

11.12. Once the appellant-plaintiffs asserted that

they derived valid title to the suit property through

their forefathers, the burden lay squarely upon them

to substantiate such claim by producing cogent title

deeds in support thereof. However, no such

documentary evidence was forthcoming.

11.13. On the other hand, the consistent stand of

the respondent-defendants from the inception has

been that the appellant-plaintiffs are rank

trespassers and encroachers upon the suit property.

The respondent-defendants have specifically denied

the assertion that the appellant-plaintiffs or their

predecessors had been in enjoyment of the suit

property for the preceding fifty years prior to the

institution of the suit.

11.14. Further, the respondent-defendants have

traced their title to the decision of the Union of India

dated 17th July, 1953, pursuant to which the suit

land, along with other immovable properties, vested

in the respondent-defendants in terms of title,

ownership and possession. This assertion stands

fortified by the Gazette Notification dated 4th

November, 1954, issued by the erstwhile State of

Madhya Bharat, which also recognises that the suit

land and other properties with title, ownership and

possession vested in the respondent-defendants.

11.15. The above discussion will also reflect that

even if the additional evidence in the form of GLR is

accepted, the same will have no impact on the

findings returned by the High Court. The application

for additional evidence was thus rightly rejected by

the High Court.

11.16. Before parting, we deem it appropriate to

record our disapproval of the unscrupulous litigants

such as appellant-plaintiffs and their predecessors

and the manner in which they have conducted

themselves. The material on record indicates that the

earlier suit instituted by the predecessors-in-interest

of the appellant-plaintiffs culminated in a decree

passed without impleading the respondent-

defendants, who were the lawful owners of the suit

property. The attempt to secure a decree behind the

back of the true owner is a circumstance that cannot

be lightly brushed aside. It is also not without

significance that appellant-plaintiff No. 1, Govind

Singh, was employed in the office of the

Commissioner at the relevant time. The proximity of

events, namely, the passing of an ex-parte decree followed by the expeditious mutation of revenue

entries in favour of the appellant-plaintiffs, casts a

shadow over the bona fides of the proceedings.

11.17. In such a backdrop, when the appellant-

plaintiffs themselves asserted title on the basis of

long and continuous possession through their

predecessors, the subsequent attempt to introduce

additional evidence at the appellate stage assumes

little legal significance. Once the trial had concluded

and the decree was under challenge in appeal, the

appellants could not be permitted to fill the gaps in

their case by seeking to adduce further material to

fortify a claim that was fundamentally flawed.

12.For the foregoing reasons, we find no infirmity in the judgments rendered by the High Court.

13.Accordingly, the judgments dated 12th August, 2009, in First Appeal No. 80 of 1996 and 15th March, 2011, in Review Petition No. 300 of 2009 passed by the High Court of Madhya Pradesh at Gwalior are hereby affirmed.

14.Consequently, the present appeals stand dismissed.

15.Pending application(s), if any, shall also stand disposed of. [VIKRAM NATH] [SANDEEP MEHTA] NEW DELHI MARCH 09, 2026