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]
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.
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