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Civil · Reportable judgment

Iqbal Ahmed (Dead) By Lrs. & Anr. vs Abdul Shukoor

Court
Supreme Court of India
Date
22 August 2025
Case No.
Civil Appeal No. 10458 of 2010
Result
Allowed
Bench
Pamidighantam Sri Narasimha
Citation
[2025] 8 S.C.R. 1174 : 2025 INSC 1027
Acts & Sections
CPC Evidence Act
Supreme Court Reports [2025] 8 S.C.R. 1174 : 2025 INSC 1027
Issue for consideration
Issue arose whether it is necessary for the appellate court to consider the pleadings of the parties before adjudicating the prayer made for leading additional evidence u/Ord. XLI r.27(1) CPC.
Headnote

Code of Civil Procedure, 1908 – Order XLI Rule 27(1) – Production of additional evidence in appellate court – Consideration of the pleadings of the parties before adjudicating the prayer made for leading additional evidence u/Ord. XLI r.27(1), by the appellate court – Requirement – Decree for specific performance of agreement granted by the trial court in favour of the appellant – Appeal by the respondent, and during pendency the respondent filed an application u/Ord. XLI r.27(1) seeking production of additional documentary evidence in support of the appeal – Appellate court reversed the decree after taking into consideration the additional evidence led by the respondent – Sustainability: Held: Judgment passed by the High Court unsustainable in law – High Court considered the application u/Ord. XLI r.27(1) for leading additional evidence without examining as to whether the additional evidence sought to be led was supported by the pleadings of the respondent in the written statement while reversing the decree – Before undertaking the exercise of considering whether a party is entitled to lead additional evidence u/Ord. XLI r.27(1), it would be first necessary to examine the pleadings of such party to gather if the case sought to be set up is pleaded so as to support the additional evidence that is proposed to be brought on record – In absence of necessary pleadings in that regard, permitting a party to lead additional evidence would result in an unnecessary exercise and such evidence, if led, would be of no consequence as it may not be permissible to take such evidence into consideration – Thus, besides the requirements prescribed by Ord. XLI r.27(1) being fulfilled, it would also be necessary for the Appellate Court to consider the pleadings of the party seeking to lead such additional evidence – It is only thereafter on being satisfied that a case as contemplated by the provisions of Ord. XLI r.27(1) has been made out that such permission can be granted – In absence of such exercise being undertaken by the High Court, it committed an error in allowing the application moved by the respondent for leading additional evidence – Thus, the matter requires re-consideration by the High Court afresh – Judgment and order passed by the High Court set aside – Proceedings remanded to the High Court. [Paras 7-10]

Keywords: Appellate court · Pleadings · Leading additional evidence · Production of Additional Evidence in Appellate Court · Decree for specific performance of agreement · House tax demand register · Encumbrance certificate · Certified copy of the sale deed and City Survey Endorsement · Remand of the matter

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Atul S. Chandurkar, J. 1. The short issue involved in this Civil Appeal is whether it is necessary for the Appellate Court to consider the pleadings of the parties before adjudicating the prayer made for leading additional evidence under the provisions of Order XLI Rule 27(1) of the Code of Civil Procedure, 1908? 2. The appellants are the unsuccessful plaintiffs, who are aggrieved by the reversal of the decree for specific performance of agreement dated 20.02.1995, that was granted by the Trial Court. The Appellate Court has reversed the said decree after taking into consideration
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