https://www.taxtmi.com/caselaws?id=173072 Additional evidence in appeal may be admitted under Order XLI Rule 27 CPC where the documents go to the root of the claim and their reception is necessary in the interest of justice, not only where the court cannot otherwise pronounce judgment. The originals of the trade mark registration certificates were therefore rightly taken on record. However, once such evidence is received, fairness requires the opposite party to be given an opportunity to rebut it by cross-examination or rebuttal evidence before final disposal. The appeal could not be finally decided on the basis of the newly admitted material alone, and the matter had to be remitted for further proceedings from that stage. en-us Wed, 27 Oct 2010 00:00:00 +0530 Fri, 30 Oct 2015 08:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173072 Additional evidence in appeal may be admitted under Order XLI Rule 27 CPC where the documents go to the root of the claim and their reception is necessary in the interest of justice, not only where the court cannot otherwise pronounce judgment. The originals of the trade mark registration certificates were therefore rightly taken on record. However, once such evidence is received, fairness requires the opposite party to be given an opportunity to rebut it by cross-examination or rebuttal evidence before final disposal. The appeal could not be finally decided on the basis of the newly admitted material alone, and the matter had to be remitted for further proceedings from that stage. Case-Laws Companies Law Wed, 27 Oct 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173072