admission of fresh evidence in appellate stage

Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
Sir,
We filed a civil suit for tresspassing and forming an approach road in our patta land (survey No. say 'A')and prayed for an injunction (the defendants argued that there was a public road). However, the court observed that there was no public road in 'A' and dismissed the case saying that the petetioner did not come with clean hands (during the cross, for a question about the existence of a road in near by survey No. 'B', the court felt the answer was not ok).
Now the defendants have gone on appeal (for they claim there was a road in 'A').
After about an year, now the defendants are submitting a fresh document that shows the marking of a road in nearby 'B'.
My question is : Is it ok to admit a fresh document in an appeal after an year that does not pertain to 'A' (area of contention) but pertain to nearby 'B' (the area based on which the earlier court dismissed the case).

Uday.

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Parveen Kr. Aggarwal (Expert) 13 January 2011
The appellate court can permit additional evidence in case conditions mentioned under Order 41, Rule 27 of the Code of Civil Procedure, 1908 are fulfilled.

Rohtash Babu Patel (Expert) 13 January 2011
Please Refer to provision contained in order 41 Rule 27 of the Code of Civil Procedure.
Normally Court will not allow such an application which are filed at belated stage, only those evidence could be taken in appellate stage which is necessary for just decision of case in hand. and those facts were not known to the party seeking production of additional Evidence.

Advocate Bhartesh goyal (Expert) 13 January 2011
I agree with Mr.Rohitash.

Devajyoti Barman (Expert) 13 January 2011
yes order 41 rule 27 cpc is the way out.

Guest (Expert) 13 January 2011
The view expressed by Mr. Rohitash Babu Patel is appreciable.

G. ARAVINTHAN (Expert) 13 January 2011
If the evidence is required to decide the case, fresh evidence can be let in

Debasish Hota (Expert) 14 January 2011
Supported the view expressed by Mr. Rohitash Babu Patel.

Kirti Kar Tripathi (Expert) 14 January 2011
i also endorse the views of Mr. Rohitash.

Amit Minocha (Expert) 14 January 2011
if the fresh evidence is on grounds beyond pleadings it may not be admissible even under Order 41 rule 27 + it will have to be shown that due deligence was taken while the case was before the subordinate Court.

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