https://www.taxtmi.com/caselaws?id=379710 Additional evidence at the appellate stage under Order XLI Rule 27 CPC is permissible where, despite due diligence, the evidence was not within a party's knowledge or could not be produced when the decree was passed. The documents in question had come into existence after the appeal was filed before the State Commission, so they could not have been produced earlier before the District Forum. The material was said to be relevant to the appellants' inability to obtain an occupancy certificate until unauthorized structures were removed, and rejection solely on the ground of late production was treated as legally unsustainable on that reasoning. en-us Mon, 06 May 2019 00:00:00 +0530 Tue, 07 May 2019 06:19:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379710 Additional evidence at the appellate stage under Order XLI Rule 27 CPC is permissible where, despite due diligence, the evidence was not within a party's knowledge or could not be produced when the decree was passed. The documents in question had come into existence after the appeal was filed before the State Commission, so they could not have been produced earlier before the District Forum. The material was said to be relevant to the appellants' inability to obtain an occupancy certificate until unauthorized structures were removed, and rejection solely on the ground of late production was treated as legally unsustainable on that reasoning. Case-Laws Indian Laws Mon, 06 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379710