document filling in appele in higher court
kanti kumar
(Querist) 08 March 2010
This query is : Resolved
Hi,
I just want to ask that if the suit was dismissed in lower courts due to some non filing of documents which are relevant to case then the same can be filled in the higher courts ? when the appele was made in the higher court....and if yes under which section of which act...
Parveen Kr. Aggarwal
(Expert) 08 March 2010
Yes. Documents which are material for the controversy in a litigation can be filed upon permission of the appellate court to lead additional evidence if certain conditions are fulfilled. Order 41, Rule 27 of the Code of Civil Procedure, 1908 provides for additional evidence in appeals in the following words:
"27. 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
(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or
(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause,
the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission."
MANISH SONI
(Expert) 08 March 2010
i do agree . . .in appeal whether before HC or lower appellate court for additional evidence if any can application will lie under O41 R27
Kiran Kumar
(Expert) 09 March 2010
Parveen is provided u with the bare provision of law and pls keep in mind this provision entails strict interpretation, thus can not go beyond the conditions mentioned therein.
Mani Narayanaswamy
(Expert) 09 March 2010
I disagree with B.K.Ragavendra Rao and agree with other experts
Raj Kumar Makkad
(Expert) 09 March 2010
Additional evidence can be brought under order 41 rule 27 of cpc.
Guest
(Expert) 09 March 2010
I do agree with Parveen
kanti kumar
(Querist) 10 March 2010
thank you all ..... reply appreciated
Sachin Bhatia
(Expert) 10 March 2010
Order 41 Rule 27 C.P.C. dealing with production of additional evidence in appellate Court.
