https://www.taxtmi.com/caselaws?id=182631 Order 41 Rule 27 of the Code of Civil Procedure permits additional evidence in appeal where the applicant shows due diligence and explains why the evidence was not within knowledge or could not be produced at trial. The provision does not add a further bar requiring the party to have led some evidence in the trial court. Reading such a condition into the rule would impose a restriction not found in the statutory text and would improperly distinguish between parties who adduced some evidence and those who adduced none. A party is therefore not disqualified from seeking additional evidence in appeal merely because no evidence was led at trial. en-us Tue, 02 Sep 1997 00:00:00 +0530 Mon, 16 May 2016 14:31:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182631 Order 41 Rule 27 of the Code of Civil Procedure permits additional evidence in appeal where the applicant shows due diligence and explains why the evidence was not within knowledge or could not be produced at trial. The provision does not add a further bar requiring the party to have led some evidence in the trial court. Reading such a condition into the rule would impose a restriction not found in the statutory text and would improperly distinguish between parties who adduced some evidence and those who adduced none. A party is therefore not disqualified from seeking additional evidence in appeal merely because no evidence was led at trial. Case-Laws Indian Laws Tue, 02 Sep 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182631