- (1.) Leave granted.
(2.) By the judgment of this Court dated 26 September 2018 in Civil Appeal No. 9333/2018 titled "Uttaradi Mutt vs. Raghavendra Swamy Mutt", the following directions were issued:- "19.......Instead, the appeal is restored to the file of the High Court to its original number. The High Court shall frame points on which the additional evidence is allowed to be produced and direct the First Appellate Court to take the additional evidence on record in accordance with law and then return the evidence to the High Court together with its findings thereon and the reasons thereof, within the prescribed time. Such directions be issued by the High Court expeditiously, preferably within two months from today. On receipt of the said report from the First Appellate Court, the High Court may then consider the Second Appeal on the substantial questions of law already framed or such other substantial questions of law that may arise for its consideration."
(3.) In the course of its judgment, this Court held that the application filed by the appellant under Order XLI Rule 27 of the Code of Civil Procedure, 1908 was correctly allowed by the High Court. However, this Court held that instead of remanding the suit to the Trial court, it would be appropriate for the High Court to frame the points on which additional evidence could be adduced by the defendant (the appellant in the present proceedings) and the first appellate court could be called upon to record additional evidence inter alia covering the genuineness and authenticity of the additional evidence including whether the contents have been duly proved.;