Additional evidence in appeal and construction of a composite village grant under civil procedure were upheld on contemporaneous records.

Order XLI Rule 27 CPC permits additional evidence in appeal not only where the appellate court requires it to pronounce judgment, but also where there is substantial cause; contemporaneous, registered documents relevant to the real controversy were therefore admissible. On the construction issue, revenue and lease records showed that Damodarpur Lakhawar was treated as one composite unit, so the mokarari pottah referred to all three mouzahs and not merely one village. The decrees below were set aside and the suit dismissed after the additional evidence was admitted and the grant was construed as covering all three villages.

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Issues: (i) whether additional documentary evidence could be admitted in appeal under Order XLI, Rule 27 of the Code of Civil Procedure, 1908; (ii) whether the grant described as Damodarpur Lakhawar comprised all three villages or only one village.

Issue (i): whether additional documentary evidence could be admitted in appeal under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.

Analysis: The procedural rule permits additional evidence not only where the appellate court itself requires it to pronounce judgment, but also for any other substantial cause. The documents relied upon were contemporaneous, duly registered, and directly relevant to the real controversy. The refusal to admit them on a narrow view of the rule was held to be unsound.

Conclusion: Additional evidence was admissible in appeal.

Issue (ii): whether the grant described as Damodarpur Lakhawar comprised all three villages or only one village.

Analysis: The contemporaneous revenue and lease documents showed that the three mouzahs were treated as one composite revenue unit and were collectively described under the composite name Damodarpur Lakhawar. On that material, the designation in the mokarari pottah was held to refer to all three villages, not merely one.

Conclusion: The grant covered all three villages.

Final Conclusion: The decrees below were set aside and the suit was dismissed, the appellant succeeding on the true construction of the grant after admission of the additional evidence.

Ratio Decidendi: Under Order XLI, Rule 27 of the Code of Civil Procedure, 1908, an appellate court may admit relevant additional evidence for substantial cause, and contemporaneous documents may be used to determine the true scope of a composite property grant.

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