Decree meaning in o-41, r-27 in cpc
Ashok Kuvadia
(Querist) 26 February 2013
This query is : Resolved
Dear Experts,
CAN INTERIM ORDER BE CONSIDERED A DECREE :
01) I have filed a Dispute at Co-operative Court, appearing in person.
02) I have filed my examination-in-chief, I get cross examined by Opponent, I called my witness and closed my evidence by filing pursis.
03) Opponent filed his Affidavit of evidence.
04) But before commencement of Cross of Opponent, I moved an Application to take ADDITIONAL EVIDENCE on record (please be noted this is after closing my evidence).
05) Ld. Trial Court reject my application holding that since I have already closed my evidence, additional evidence cannot be taken on record.
06) I moved an Appeal against Order to Appellate Court. Wherein one of my contentions is based on Ordet-41, Rule-27 of CPC.
In O-41, R-27 (1) (a) it has mentioned that--
"Production of additional evidence in Appellate Court— (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if—(a) the Court from whose DECREE the appeal is preferred has refused to admit evidence which ought to have been admitted, or ………
MY QUERY :
(1) Can the Order passed by Ld. Trial Court, below my application for taking additional evidence on record, be considered as DECREE or only final Order/Judgment is considered as Decree ?
(2) As I have challenge the Order of Ld. Trial Court to Appeal, Can I invoke O-41, R-27 of CPC in Appeal at this stage when final argument and FINAL DECREE is yet to be delivered ?
(3) Is it so that O-41, R-27 of CPC is only applicable after FINAL DECREE is passed ?
Note : My query is for limited purpose only, to know meaning of DECREE & its applicability in my situation, therefore not detailed whole matter.
Regards,
Ashok.
Devajyoti Barman
(Expert) 27 February 2013
1. It is a interlocutory order, not decree.
2. No, had you preferred appeal against final judgement then you could have filed petition for additional evidence at appellate court.
3. Yes
