Additional evidence in appeal requires strict Rule 27 conditions; a party cannot use it to fill evidentiary gaps.

Additional evidence in appeal under Order XLI, Rule 27 CPC is confined to exceptional cases, including refusal by the trial court, inability to produce evidence despite due diligence, or a need by the appellate court for proper disposal of the appeal. The disputed document was within the petitioners' knowledge and custody, the relevant factual issue had arisen at trial, and no satisfactory reason was given for earlier non-production. The request was treated as an attempt to fill a lacuna rather than as a statutory exception. The appellate court's refusal to admit the document was upheld and the supervisory challenge failed.

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Issues: Whether the petitioners were entitled to permission to produce additional documentary evidence in appeal under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.

Analysis: The petition challenged the appellate court's refusal to accept one of the proposed documents as additional evidence. The governing principles under Order XLI, Rule 27 restrict additional evidence in appeal to exceptional situations, including refusal by the trial court to admit evidence, inability to produce the evidence despite due diligence, or a requirement by the appellate court for proper pronouncement of judgment. The record showed that the disputed document was within the petitioners' knowledge and custody, that the factual issue had surfaced during trial, and that no satisfactory explanation was offered for its non-production earlier. The request was therefore treated as an attempt to fill a lacuna rather than as a case falling within the statutory exceptions.

Conclusion: The petitioners were not entitled to adduce the additional document, and the appellate court's refusal to permit it was upheld.

Final Conclusion: The supervisory challenge failed because the conditions for receiving additional evidence in appeal were not satisfied.

Ratio Decidendi: Additional evidence in appeal can be admitted only when the statutory conditions under Order XLI, Rule 27 are met, and it cannot be allowed merely to repair omissions or fill evidentiary gaps caused by a party's remissness.

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