Additional evidence on appeal may stand where the court applies its mind and omission to record reasons is not fatal.

Additional evidence in appeal may be admitted when the appellate court requires it to pronounce judgment or for other substantial cause, and the power under the Code of Civil Procedure is not defeated merely because reasons are not expressly recorded. The absence of recorded reasons is a serious defect, but it is not automatically fatal where the record shows that the court applied its mind and admitted the evidence to cure an apparent lacuna, especially if the objection was not pressed when the evidence was received. On that basis, the admission of the additional evidence was not vitiated, and the finding founded on it was left undisturbed.

---

---

Issues: Whether the appellate court's admission of additional evidence under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 was unlawful or vitiated the finding on the respondent's age.

Analysis: Section 107 of the Code of Civil Procedure, 1908 empowers an appellate court to take additional evidence subject to prescribed conditions, and Order XLI, Rule 27 permits such evidence where the court appealed from wrongly refused evidence or where the appellate court itself requires it to enable it to pronounce judgment or for any other substantial cause. The absence of recorded reasons for admitting the evidence was held to be a serious defect but not fatal in every case, particularly where the record shows that the appellate court applied its mind and allowed the evidence to cure an apparent lacuna. The objection was also held unavailable because the party had not pressed it when the evidence was admitted.

Conclusion: The admission of additional evidence was not vitiated, and the finding based on that evidence was not disturbed.

Ratio Decidendi: Additional evidence may be admitted in appeal when the appellate court itself requires it to enable judgment or for other substantial cause, and omission to record reasons does not by itself invalidate the admission where judicial application of mind is otherwise apparent and the objection was not pressed.

---