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        Case ID :

        2002 (11) TMI 811 - HC - Indian Laws

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        Additional evidence in appeal requires statutory grounds and recorded reasons; mechanical admission to fill gaps is impermissible. Additional evidence in appeal is permissible only on the limited grounds in Order 41 Rule 27 CPC: refusal by the trial court of admissible evidence, ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Additional evidence in appeal requires statutory grounds and recorded reasons; mechanical admission to fill gaps is impermissible.

                              Additional evidence in appeal is permissible only on the limited grounds in Order 41 Rule 27 CPC: refusal by the trial court of admissible evidence, inability to produce it despite due diligence, or the appellate court's need for the document to pronounce judgment or for another substantial cause. The appellate court must record reasons and cannot admit material mechanically or to fill lacunae. Here, the documents included one already on record, one unrelated to the suit property, and others arising after the trial court decree. The order permitting additional evidence was therefore unjustified and was set aside, with the appeal directed to proceed expeditiously.




                              Issues: Whether the appellate court was justified in permitting the respondents to adduce additional evidence under Order 41 Rule 27 and Section 151 of the Code of Civil Procedure, 1908, when one document was already on record, another was irrelevant to the suit property, and the remaining documents related to events after the trial court decree.

                              Analysis: Additional evidence in appeal is permissible only within the limited grounds recognised by Order 41 Rule 27, namely refusal of admissible evidence by the trial court, inability to produce the evidence despite due diligence, or the appellate court's requirement of the document to pronounce judgment or for some other substantial cause. The appellate court must record reasons for admitting such evidence. The materials sought to be produced in this case were, in substance, post-decree documents, one document was already marked before the trial court, and one was unrelated to the subject matter. The appellate court allowed the application mechanically, without addressing relevance, necessity, due diligence, or any valid reason for departure from the general rule that appeal is decided on the record as it stood when the decree was passed.

                              Conclusion: The permission to adduce additional evidence was unjustified and liable to be set aside.

                              Final Conclusion: The revision succeeded, the impugned order allowing additional evidence was set aside, and the appellate court was directed to proceed with the appeal expeditiously.

                              Ratio Decidendi: Additional evidence in appeal cannot be admitted to fill lacunae or on a mechanical order; it must satisfy one of the statutory grounds under Order 41 Rule 27 and be supported by recorded reasons.


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                              ActsIncome Tax
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