Additional Evidence In Appeal-- Power under Order 41 Rule 27 CPC Is Discretionary, Not a Matter of Right
Admission of additional evidence at the appellate stage under Order XLI Rule 27 of the Code of Civil Procedure is discretionary. No vested or automatic right exists in favour of a party to produce additional evidence. The appellate court may permit it only upon strict satisfaction of three conditions: refusal by the trial court to admit evidence that ought to have been admitted; evidence not within knowledge or producible despite due diligence; or requirement of the appellate court itself to pronounce judgment. Additional evidence cannot be permitted to fill gaps in a fundamentally flawed case after conclusion of trial.
