Additional evidence in appeal must be decided with the merits hearing, not rejected prematurely under Order 41 Rule 27 CPC.

An application for additional evidence under Order 41 Rule 27 CPC must be considered together with the appeal on merits, because its allowance depends on whether the evidence enables a more satisfactory judgment or is required in the interests of justice. Rejection of such an application before hearing the appeal was held to be inappropriate, and the refusal order was found unsustainable. The order was set aside, and the matter was restored for fresh consideration of the appeal and the application in accordance with law.

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Issues: Whether an application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure, 1908, could be rejected before the appeal was heard on merits and independently of the appeal.

Analysis: The application for additional evidence was linked to the appeal itself and required consideration at the stage of hearing the appeal on merits. The necessity of looking into additional documents depends on whether they assist the Court in pronouncing judgment in a more satisfactory manner or are otherwise required in the interest of justice. Deciding such an application before hearing the appeal was held to be inappropriate, and the reason given for refusing the application was found untenable. The order rejecting the application was therefore not sustainable.

Conclusion: The application under Order 41 Rule 27 ought to have been decided with the appeal and the rejection order was set aside. The matter was restored to the High Court for fresh consideration of the appeal and the application in accordance with law, in favour of the appellant.

Final Conclusion: Interlocutory requests for additional evidence in appeal must be examined at the time of adjudicating the appeal on merits, and not disposed of prematurely.

Ratio Decidendi: An application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure, 1908, is to be considered along with the appeal on merits, and its allowance depends on whether the evidence is needed to enable a more satisfactory pronouncement of judgment or to serve the interest of justice.

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