Additional evidence in appeal requires fairness: originals may be admitted in the interest of justice, but rebuttal must follow before disposal.

Additional evidence in appeal may be admitted under Order XLI Rule 27 CPC where the documents go to the root of the claim and their reception is necessary in the interest of justice, not only where the court cannot otherwise pronounce judgment. The originals of the trade mark registration certificates were therefore rightly taken on record. However, once such evidence is received, fairness requires the opposite party to be given an opportunity to rebut it by cross-examination or rebuttal evidence before final disposal. The appeal could not be finally decided on the basis of the newly admitted material alone, and the matter had to be remitted for further proceedings from that stage.

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Issues: (i) Whether the originals of the trade mark registration certificates could be taken on record as additional evidence at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908. (ii) Whether, after taking such additional evidence, the appeal could be finally decided without affording the defendants an opportunity to rebut it.

Issue (i): Whether the originals of the trade mark registration certificates could be taken on record as additional evidence at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.

Analysis: The trial court had marked xerox copies of the registration certificates subject to objection, and later discarded them for want of original documents. In the circumstances, the appellate court was justified in permitting production of the originals, since the documents went to the root of the plaintiff's claim and their receipt was warranted in the interest of justice. The appellate power to admit additional evidence is not confined to cases where the court cannot otherwise pronounce judgment, but extends to substantial cause.

Conclusion: Yes. The originals could be taken on record as additional evidence in the interest of justice.

Issue (ii): Whether, after taking such additional evidence, the appeal could be finally decided without affording the defendants an opportunity to rebut it.

Analysis: Once the originals were received in evidence, fairness required that the defendants be given an opportunity to meet that material by further cross-examination or rebuttal evidence. Deciding the appeal simultaneously on the basis of the newly received documents caused prejudice and was procedurally unsound. The proper course was to preserve the admission of the documents, set aside the final disposal, and remit the matter for further proceedings from that stage.

Conclusion: No. The appeal could not be finally decided without giving the defendants an opportunity to rebut the additional evidence.

Final Conclusion: The appellate order was set aside and the matter was remitted for continuation of the appeal from the stage at which the originals were taken on record, with liberty to adduce rebuttal evidence.

Ratio Decidendi: Additional evidence may be admitted in appeal where its reception is necessary in the interest of justice, but once admitted, the opposite party must be given a fair opportunity to rebut it before final disposal.

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