Additional Evidence in Appeal

     Additional Evidence In Appeal.......!

- Basically parties to suit shall produce all evidence before trial court.

                              

- But in following circumstances the parties to an appeal may be permitted to produce additional evidence whether oral or documentary in appeal .

- Where trial court had refused to admit the evidence which ought to have been admitted.

-The evidence was not available to the party despite exercise of due diligence.

- The appellate court required additional evidence which is relevant and material for deciding the rights of the parties which are subject matter of the lis .

- Also such evidence really essential for pronouncement of judgement.

- Merely because the court allowed one party to file additional evidence in appeal would not mean that court has decided entire appeal in his favour but court is under obligation to give opportunity to the other side to file additional evidence by way of rebuttal.

- Application in an appeal for additional evidence may be considered at the time of final hearing of appeal on merits.

= Relevant Provision == 

- Order 41 Rule 27 of C.P.C.

- Order 13 of C.P.C.

= = Judgements =

- Sunil Kumar Maity v/s State Bank of India and And. 2022 S.A.R.460.

 

- Jagdish Prasad Patel (Dead) The.Lrs. & Anr v/s Shivnath & Ors 2019 S.A.R.765.

- Union of India v/s Ibrahim Uddin & Anr 2012 S.A.R.684.

- Union of India v/s K.V.Lakshman 2016 S.A.R.821.

- Harjas Raj Makhija (D) through Lrs v/s Pushparani Jain & Anr 2017 S.A.R.156.

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