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Head Note

The Code of Civil Procedure, 1908  - Section 115 , Order XLI Rule (27)

Revisional Jurisdiction - Additional Evidence - At Appellate Stage - First Appellate Court allowed prayer for leading additional evidence -Order challenged before High Court in revision and the same set aside - Held that in exercise of revisional powers in the matter of allowing the application for additional evidence, when appeal is pending before the lower appellate court, the impugned order passed by the High Court cannot be upheld and the same is liable to be set aside - However, to do complete justice between the parties first appellate court directed to decide the application for additional evidence afresh in the light of observations made by the Apex Court regarding principles on which such an application can be allowed or rejected.

The Code of Civil Procedure, 1908  - Order XLI Rule (27)

Additional Evidence - At Appellate Stage - Parties are not entitled to produce additional evidence whether oral or documentary in the appellate court, but for the three situations mentioned in the Rule 27- The parties are not allowed to fill the lacunae at the appellate stage - It is against the spirit of the Code to allow a party to adduce additional evidence without fulfillment of either of the three conditions mentioned in Rule 27.

Topic(s)-Additional Evidence - At Appellate Stage - Law clarified