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IN THE HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI, J
Athota Chinnabbai, S/o.Late Venkayya – Appellant
Versus
Surisetty Venkata Ramana, S/o. Bhuloka – Respondent
ORDER:
RAVI NATH TILHARI, J.
Heard Sri Y.Sudhakar, learned counsel for the petitioners and perused the material on record.
2. The petitioners are the defendants in O.S.No.256 of 2018. The suit was filed by the respondent/plaintiff. It was decreed. The petitioners filed A.S.No.39 of 2023, which is pending before the learned Court of Principal Civil Judge (Senior Division), Gajuwaka. In the appeal, the petitioners filed I.A.No.290 of 2024 under Order 41 Rule 27 of the Code of Civil Procedure (in short ‘C.P.C’) for additional evidence. The respondents opposed the application.
3. By the order under challenge dated 08.11.2024, the learned Principal Civil Judge (Senior Division), directed to submit the arguments along with the main appeal simultaneously. The learned Court placed reliance in Uggumudi Chandra Reddy v. Palaganti Krishna Reddy (CR.P.No.5773 of 2016) decided on 11.08.2022, for the proposition that an application under Order 41 Rule 27 C.P.C. to receive additional evidence has to be dealt along with the appeal, but not independently, by following the procedure laid down under law.
4. Learned counsel for the petitioners placing reliance in Sanjay Kumar Singh v. State of Jharkhand, [
The appellate court must consider applications for additional evidence at the time of hearing the appeal, ensuring relevance to the case.
Additional evidence must be evaluated during the final appeal hearing, not before, ensuring judicial rigor in respecting procedural rules.
An appellate court must consider applications for additional evidence alongside the appeal to ensure accurate judgment, as early disposal contradicts procedural intent.
The main legal point established in the judgment is the requirement to consider applications for additional evidence under Order 41 Rule 27 CPC at the stage of the final hearing of the appeal, as emp....
Production of additional evidence – Application for taking additional evidence on record at an appellate stage, even if filed during pendency of appeal, is to be heard at the time of final hearing of....
Order 41 Rule 27 of Code is a provision which enables party to file additional evidence at first and second appellate stage.
Additional evidence under Order 41 Rule 27 CPC must be considered at the final hearing of an appeal, not prior.
The admission of additional evidence in appellate proceedings requires a clear necessity to support the main issues at hand, as per Order 41 Rule 27 CPC.
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