Code of Civil Procedure, 1908: Or XLI, r. 27 – Production of additional evidence at the appellate stage – Application by appellants for bringing additional evidence on record, along with the documents sought to be produced in the pending appeal – Rejected by the State Commission as also National Commission – On appeal, held: The documents came into existence after the appeal was filed before the State Commission – They are of relevance to establish that the appellants were not in a position to obtain the Occupancy Certificate from the Municipal Corporation until the unauthorized structures were removed – In the absence thereof, the appellants would not be in a position to substantiate their case that they were unable to obtain the Occupancy Certificate, and comply with the directions issued by the District Forum – State Commission erred in rejecting the application u/Or XLI, r. 27 by merely stating that the documents are “not necessary” – Said order is an unreasoned one – Thus, the order passed by the State Commission as also the order passed by the National Commission is set aside – Matter remitted to the State Commission to take the additional documents on record, and decide the appeal on merits. A. Andisamy Chettiar v. A. Subburaj Chettiar, (2015)
17 SCC 713 : [2015] 14 SCR 190 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.