Additional evidence under Order 41 Rule 27 should be decided with the appeal when needed for proper adjudication.

An application for additional evidence under Order 41 Rule 27 CPC should ordinarily be considered together with the pending appeal where its determination is necessary for proper adjudication. The appellate court could not finally decide the appeal without first dealing with the request for additional evidence, so the order rejecting that application was set aside. The matter was directed to be decided on merits in conjunction with the appeal within the stipulated time, without any finding on whether the additional evidence itself ought to be admitted.

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Issues: Whether the application for acceptance of additional evidence under Order 41 Rule 27 of the Code of Civil Procedure should be considered along with the pending appeal.

Analysis: The pending appeal could not be properly decided without taking up the application for additional evidence at the same time. The order rejecting the application was set aside without examining the merits of whether additional evidence ought to be allowed, and the appellate court was directed to decide the appeal together with the application on merits within the stipulated time.

Conclusion: The application under Order 41 Rule 27 was required to be decided along with the pending appeal, and the rejection order was set aside.

Ratio Decidendi: An application for additional evidence under Order 41 Rule 27 should ordinarily be considered together with the pending appeal where its decision is necessary for adjudication of the appeal.

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