1997 (9) TMI 615 - SC - Indian Laws

Appellate Court Allows Additional Evidence: No Trial Evidence Needed

The Supreme Court ruled that a party can produce additional evidence in the appellate court under Order 41 Rule 27 CPC without having led any evidence in ... - Issues: Interpretation of Order 41 Rule 27 CPC regarding the production of additional evidence in appellate court.The Supreme Court addressed the issue of whether a party can produce additional evidence in the appellate court under Order 41 Rule 27 CPC without having led any evidence in the trial court. The appellant, Jaipur Development Authority, appealed against the High Court's rejection of their application to produce additional evidence in a pending first appeal. The High Court had based its decision on a Gauhati High Court ruling that a party cannot produce additional evidence if they had not led any evidence in the trial court. The Supreme Court disagreed with this interpretation, stating that the conditions mentioned in the rule must be proved to exist, and there is no requirement for a party to have led evidence in the trial court to produce additional evidence in the appellate court.The suit in question involved land acquisition proceedings where the respondent sought a permanent injunction claiming possession. The appellant was impleaded as a defendant, and the suit was decreed ex-parte. The appellant filed an appeal in the High Court and sought to file two documents under Order 41 Rule 27 to prove possession was taken over from the plaintiff earlier. However, the High Court rejected this application on the grounds that the appellant had not adduced any evidence in the trial court. The Supreme Court held that the interpretation by the High Courts of Rajasthan and Gauhati regarding the word 'additional' in Order 41 Rule 27 CPC was incorrect.The Supreme Court analyzed the relevant provisions of Rule 27 of Order 41 CPC, emphasizing that the intention of the sub-rule is to enable a party, for valid reasons, to produce evidence in the appellate court that could not be produced in the trial court. The sub-rule specifies conditions that must be met by the party seeking to introduce additional evidence, such as the evidence not being within their knowledge despite due diligence. The Court clarified that there is no stipulation in the rule requiring a party to have led evidence in the trial court to produce additional evidence in the appellate court. The Court overturned the High Court's judgment, ruling in favor of the appellant and remanding the matter back to the High Court for further consideration on merits.In conclusion, the Supreme Court allowed the appeal, set aside the High Court's judgment, and overruled the objection to the maintainability of the application to produce additional evidence. The High Court was directed to review the appellant's application on its merits and make a decision in accordance with the law. The Supreme Court emphasized that the interpretation of the rule by the Gauhati High Court and the Lahore High Court was incorrect, and all that is required is to prove the conditions specified in the sub-rule for producing additional evidence in the appellate court.