1985 Supreme(AP) 365

Andhra Pradesh High Court
Judges : MANASHANATH ROY, AMARENDRA CHANDRA SENGUPTA
Hindustan Petroleum Corporation Ltd. - Appellant
Versus
R.P. Agrawalla & Bros (Pvt.) Ltd. - Respondent
A.F.O.D. No. 372/1981.
Decided On : 09-18-85
Advocates Appeared :
.

Headnote:Civil PC [5 of 1908], O41 R 27 - Power to allow additional evidence - When can be exercised

       Held : Under R27 [1] the appellate court has the power to allow additional evidence not only if it requires such evidence "to enable it to pronounce judgment”, but also for "any other substantial cause" There may well b cases where even though the court finds that it is able to pronounce Judgment on the state of record as it is, and so it cannot strictly say that it requires additional evidence to enable it to pronounce judgment, it still considers that in the interest of justice something which remains obscure should be filed up so that it can pronounce its judgment in a more satisfactory manner Such a case will be one for allowing additional evidence for any other substantial cause under R 27 (1) (b) of the Code, apart from observing that such requirement of the Court is not likely to arise ordinarily unless some inherent lacuna or defect becomes apparent on an examination of the evidence It may well be that the defect may be pointed out by a party, or that a party may move the court to supply the defect, but the requirement must be the requirement of the court upon its appreciation of the evidence as it stands The courts at the same time have right, authority and power to refuse admission of additional evidence, if the action is not bonafide and intended to fill up the lacuna in the evidence