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    <title>2024 (10) TMI 1790 - GUJARAT HIGH COURT</title>
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    <description>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&#039; 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&#039;s refusal to admit the document was upheld and the supervisory challenge failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=467759</link>
      <description>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&#039; 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&#039;s refusal to admit the document was upheld and the supervisory challenge failed.</description>
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