Additional evidence in appeal is limited by Order XLI Rule 27 and cannot be used to fill gaps in a party's case.

Additional evidence in appeal may be admitted only if the statutory conditions in Order XLI Rule 27 CPC are satisfied, including a proper explanation for earlier non-production or a demonstrated need for the evidence to enable effective judgment. The appellate court must examine those preconditions first and cannot use the provision to cure deficiencies in an unsuccessful party's case or fill gaps in evidence. On that basis, the order permitting additional evidence was found unsustainable because the relevant requirements had not been properly considered, and the matter was remitted for fresh consideration in accordance with law.

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Issues: (i) Whether additional evidence could be permitted in appeal under Order XLI Rule 27 of the Code of Civil Procedure, 1908.

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

Analysis: The power to receive additional evidence in appeal is confined to the conditions specified in Order XLI Rule 27. The appellate court must first determine whether the applicant has satisfied the relevant preconditions, including a proper explanation for non-production of the evidence before the trial court, or whether the court itself requires the evidence to pronounce judgment effectively. The provision cannot be used to patch up deficiencies in the unsuccessful party's case, and the distinction between the statutory clauses governing additional evidence must be kept in view.

Conclusion: The order allowing additional evidence was unsustainable as the relevant statutory requirements were not properly examined.

Final Conclusion: The matter was remitted to the High Court for fresh consideration in accordance with law, after permitting responses on the application for additional evidence.

Ratio Decidendi: Additional evidence in appeal may be admitted only upon satisfaction of the statutory conditions in Order XLI Rule 27, and the appellate court must not use that power to fill gaps in a party's evidence.

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