https://www.taxtmi.com/caselaws?id=468101 An appellate court must decide a properly filed application for additional evidence under Order XLI Rule 27 CPC before finally disposing of the first appeal. The power to admit additional evidence is discretionary, but it must be exercised judicially under Section 107 CPC, especially because the first appellate court is the final court on facts and evidence. Ignoring such an application, particularly where the proposed material may be necessary and the explanation for its production requires consideration, can result in miscarriage of justice. The High Court erred by dismissing the appeal without addressing the application, so the judgment was set aside and the matter remitted for fresh disposal in accordance with law. en-us Mon, 06 Dec 2021 00:00:00 +0530 Thu, 16 Apr 2026 12:21:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468101 An appellate court must decide a properly filed application for additional evidence under Order XLI Rule 27 CPC before finally disposing of the first appeal. The power to admit additional evidence is discretionary, but it must be exercised judicially under Section 107 CPC, especially because the first appellate court is the final court on facts and evidence. Ignoring such an application, particularly where the proposed material may be necessary and the explanation for its production requires consideration, can result in miscarriage of justice. The High Court erred by dismissing the appeal without addressing the application, so the judgment was set aside and the matter remitted for fresh disposal in accordance with law. Case-Laws Indian Laws Mon, 06 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468101