The High Court passed an order against the consent decree on the ground that it was obtained by fraud, calling for a report from the Principal City Civil judge and directing him to hold an inquiry as to whether the consent decree was obtained by fraud. Furthermore, there was an order of executing court on the issue of fraud which had attained finality. Held, that said order calling for the report was completely unsustainable as it was without following the procedure under Or. 41 Rr. 27 to 29, parties to appeal cannot be permitted to lead additional evidence and/or appellate court is not justified to direct a court from whose decree appeal is preferred or any other subordinate court, to take such evidence and to send it when taken to the appellate court.
(2021) 5 SCC 241- H.S.Goutham v. Rama Murthy and Another with H.M.Ravindra Kumar v. Rama Murthy and others.