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KIRANMAYEE MANDAVA
Velidhi Viswanadham – Appellant
Versus
Velidhi Rajeswari (Died) – Respondent
| Table of Content |
|---|
| 1. civil revision petition challenges prior order. (Para 1 , 2 , 3) |
| 2. response against the petitioners' claims. (Para 4) |
| 3. (Para 5 , 8) |
| 4. hearing of counsels for both sides. (Para 6) |
| 5. limitations on additional evidence in appellate courts. (Para 7) |
| 6. dismissal of revision petition. (Para 9 , 10 , 11) |
JUDGMENT :
1. The civil revision petition is filed under Article 227 of the Constitution of India challenging the order dated 30.09.2023 passed in IA No.395 of 2022 in AS No.8 of 2019 on the file of the Senior Civil Judge, Rajam.
2. The learned Judge dismissed the application filed by the petitioner under Order XVI Rule 14 read with Order XLI Rule 27 and Section 151 of Code of Civil Procedure (for short "C.P.C.") rejecting the request of the petitioner to issue summons to the then RDO, Palakonda, to give evidence as a Court witness after verifying the proceedings in RC No.293/2015/KRC dated 27.04.2015.
3. The petitioner contends that he filed a suit in OS No.130 of 2011 on the file of Junior Civil Judge, Rajam against the respondents for permanent injunction. It is stated that before filing of the suit, he filed a petition before the Tahsildar, Rajam for issuance of Pat
An appellate court lacks jurisdiction to summon witnesses or introduce additional evidence unless specific conditions under Order XLI Rule 27 of the CPC are met, which were not demonstrated in this c....
The appellate court cannot admit additional evidence to fill gaps in a party's case; the party must demonstrate due diligence in presenting evidence at the trial stage.
An application filed under Order XLI Rule 27(1)(aa) of CPC must be disposed of along with the appeal.
Additional evidence under Order 41 Rule 27 CPC must be considered at the final hearing of an appeal, not prior.
The proposed evidence seeking to challenge the credibility of witnesses on a collateral fact was inadmissible under the law.
The admission of additional evidence in appellate courts is subject to strict criteria under Order XLI Rule 27 of the CPC; parties must demonstrate due diligence for not presenting evidence at trial.
The main legal point established is that the procedural rules governing witness examination, specifically Order XVIII Rule 4 C.P.C. and Sections 137 and 138 of the Indian Evidence Act, 1872, do not p....
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