...application for additional evidence under Order 41 Rule 27 of the Civil Procedure Code, 1908 (for short “CPC”) and proposed to bring on record certain sale deeds and the certified copy of the judgment and...High Court, the appellant filed an application under Order 41 Rule 27 CPC for additional evidence to bring on record the sale deeds and certified copy of the judgment and award passed by the Reference..., one of the circumstances in which the production of additional evidence under Order 41 Rule 27 CPC by the appellate court is to be considered is, whether or not the appellate court requires the...

...counsel for the respondent while supporting the order passed by the High Court has submitted that the appellant cannot be permitted to fill up the lacuna by adducing additional evidence at this belated stage....general rule is that ordinarily the appellate court should not travel outside the record of the lower court and additional evidence, whether oral or documentary is not admitted but Section 107 CPC, which carves out an excep...as additional evidence, would be necessary to pronounce judgment in a more satisfactory manner, has to be considered by the Court at the time of hearing of the appeal on merits.16. Insofar as the pri...

...the trial court at length. It was found that in the first appellate court no prayer was made by the appellant to lead additional evidence under Order 41 Rule 27 CPC and that the prayer for leading...additional evidence was made for the first time only in the second appeal in the High Court. After a detailed discussion, the High Court found that the prayer to lead additional evidence under Order 41 Rul...the appellant for leading additional evidence under Order 41 Rule 27 CPC ought to have been allowed by the High Court because the trial court was not justified in accepting the statement of the counsel...

...on record, such application may be allowed. Even, one of the circumstances in which the production of additional evidence under CPC by the appellate court is to be considered is...evidence sought to be brought in by the respondents was within his knowledge and more so, during the pendency of the suit, under Order 18 Rule 17 A CPC for bringing the same...lower court and cannot take any evidence in appeal. However, as an exception, Order 41 Rule 27 CPC to take additional evidence in exceptional...

...the record of the lower court and additional evidence, whether oral or documentary is not admitted but Section 107 CPC, which carves out an exception to the general rule, enables an appellate court to take ...whole appeal is not before the Court. It is only in the circumstances when the appellate court requires such evidence to pronounce the judgment the necessity to adduce additional evidence would arise and not in any other ci...satisfied that additional evidence was not required, we fail to understand as to how the High Court could interfere with such an order under Section 115 CPC.”19...

...under Order 41 Rule 27 CPC read with Section 151 CPC is filed by the respondents to adduce additional evidence. The contention put forth in the appellate court is that the original agreement for sale...appellate court to take additional evidence or to require such other evidence to be taken subject to such conditions and limitations as are prescribed under Order 41 Rule 27 CPC. The principle to be...evidence to pronounce the judgment the necessity to adduce additional evidence would arise and not in any other circumstances. When the first appellate court passed the order on the application filed under Order 41...

...Order XLI Rule 27 of CPC to lead additional evidence and I.A.No.3 under Section 151 of CPC to impound Ex.P2, since the same is insufficiently stamped. The Appellate Court by its ...for the petitioner and perused the writ papers. 4. The order passed by the Appellate Court is just and proper. In appeal when an application for additional evidence is filed under Order XLI Rule 28 of ...same shall have to be considered along with the main appeal and so also I.A.No.3 filed under Section 151 of CPC. 5. No prejudice...

...properties.3. In the application, the applicants have not made out any case for bringing the additional evidence on record as required under Order 41 Rule 27 CPC. ...CPC cannot be resorted to for production of additional evidence. In any case, as has been pointed out by the respondents in their affidavit-in-reply, the applicants were represented by three...Per Coram (Smt. R.P Sondur Baldota, J):1. Heard counsel for both sides.2. This Civil Application is filed under Order 41 Rule 27 CPC...

.... He also pointed out that though the State Government has filed separate application for reception of material documents as additional evidence by filing application under Order 41 Rule 27, Code of Civil Procedure (in shor....(2) Whenever additional evidence is allowed to be produced by an appellate court, the court shall record the reason for its admission.”15. In v...of appeal, to make fresh allegations and call upon the other side to admit or deny the same. Any such attempt is contrary to the requirements of Order 41 Rule 27 CPC. Additional evidence cannot be permitted at the appellate...

...evidence under Order XLI Rule 27 CPC. The additional evidence admitted is an affidavit of a marginal witness to the Will, who was not produced before the Trial Court. The order...against the petitioner or whichever way it goes, it will be open to the petitioner to challenge the order admitting additional evidence in the second appeal filed from the lower... Neutral Citation No. - 2024:AHC:40419 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2344 of 2024 Petitioner :- Tarun Kumar Garg Respondent...

...motion to admit the petition. The petitioner is aggrieved by an order dated 29.08.2023 passed by the Additional District Judge, Court No. 1, Ghaziabad admitting additional evidence under Or...additional evidence admitted is an affidavit of a marginal witness to the Will, who was not produced before the Trial Court. The order...against the petitioner or whichever way it goes, it will be open to the petitioner to challenge the order admitting additional evidence in the second appeal filed from the lower...

...application was filed by the appellant for additional evidence under Order XLI Rule 27 CPC which has been allowed by the Court below. It is further contended by learned counsel for the petitioner...application-15C under Order XLI Rule 27 read with 151 of Civil Procedure Code, 1908." 3. Contention of learned counsel for the petitioner is that in a misc. appeal filed under Order XLIII CPC, an...that such a power cannot be exercised in an appeal under Order XLIII CPC. This power is confined only under Order XLI CPC. 4. Since the Order XLIII Rule 2 CPC provides that the procedure of...

...permitting additional evidence and remanding the case for fresh decision is uncalled for. No case was made out for permitting additional evidence on settled principles under Order 41 Rule 27 CPC. ...under the scheme of the Land Acquisition Act, 1894 (the Act). If not, whether the impugned order permitting additional evidence and directing remand is sustainable.3. The facts...scope of Order 41 Rule 27 CPC.6.3 Application for additional evidence was rejected by this Court in the earlier round. The remand by this Court was limited to the question...

...this evidence as additional evidence under Section 151 CPC, the plaintiff is allowed to examine handwriting and finger print expert as a witness whose report is already on the file. Cross examination...would be completed on the same day itself. 10. Since the application for this evidence of the plaintiff is being allowed as additional evidence under Section 151 CPC, the...the impugned order that the said witness could not be examined in rebuttal evidence on general principles of law is prima-facie correct. However, there is one additional factor which had completely gone...

...of CPC to receive the additional evidence? 3. Indisputedly, the appellant filed an application on 20.03.2007 under Order 41 Rule 27 of CPC in the First Appellate...Court to receive additional evidence. On 22.03.2007, respondents filed objections to the said application and the case was adjourned to 03.04.2007, to hear the main appeal and also the said application. The appeal was dismissed ...application for acceptance of additional evidence in accordance with law." 5. An application filed under Order 41 Rule 27 of CPC has to be considered at the time of...

...evidence as contemplated under Order 41 Rule 27 of CPC. In the absence of any justifiable ground for production of additional evidence, the application under ...Order 26 Rule 9 of CPC would be treated as an additional evidence as contemplated under Order 41 Rule 27 of CPC?6. Order 26 of ...of CPC is in respect of powers of the Appellate Court wherein certain additional evidence is produced and at what stage and in what circumstance the said additional evidence is to be accepted. It ...

...before the High Court and along with that she filed an application for adducing additional evidence under Order 41 Rule 27 CPC.4. The High Court instead of deciding the...judgment, the learned Single Judge of the High Court remitted the appeal to the trial court with a direction to the trial court to allow the respondent herein to adduce additional evidence and by giving...corresponding right to the appellant herein to rebut that evidence.2. The facts of the case are rather peculiar. A petition under Section 12 of the Hindu Marriage Act for...

...order dated 09.01.2025 (Annexure P-6) passed by the Civil Judge (Junior Division)-2, Jalandhar, whereby the application for permission to lead additional evidence under Section 151 CPC filed..., Advocate for the petitioners. **** VIKAS BAHL, J. (ORAL) 1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned...closed their evidence on 09.01.2024 without examining the said witnesses. It is further submitted that there is no interim order in favour of the petitioners in the main suit...

...down by unknown vehicle.5. The learned counsel for claimants has filed an application under Order 41 Rule 27 CPC, to lead additional evidence. The claimants...claimants have failed to do so. Considering the facts and circumstances of the case, I deem it proper to give an opportunity to the claimants to adduce additional evidence in terms of application filed under Order 41 Rule 2...tribunal for reconsideration in the light of additional evidence that may be adduced by claimants in terms of application filed under Order 41 Rule 27 CPC, and also taking into considerat...

...Appeal No. 21-A/2015 rejecting the Petitioner's application for taking additional evidence filed under Order 41 Rule 27 of C.P.C2. A perusal of record and order impugned would revea...Order 41 Rule 27 CPC was earlier attempted to be brought on record during the trial as additional evidence under Order 7 Rule 14(3) CPC which was...P. Sam Koshy, J.:— The present petition under Article 227 has been preferred against the order dated 03.09.2015 passed by the First Additional District Judge, Janjgir Champa in Civil...