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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Niranjan Ghosh – Appellant
Versus
Dayamoy Sarkar – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revisional application has been preferred against Order No.38 dated 26.03.2019 passed by the learned District Judge, Bardhaman in Title Appeal No. 74 of 2015 and Order No.73 dated 23.08.2024 passed by the learned Additional District Judge, 4th Court at Purba Bardhaman in Title Appeal No.74 of 2015 whereby application for adducing Additional Evidence under Order 41 Rule 27 filed by the added Appellants has been rejected on the ground of earlier rejection of a similar Application filed by the original Appellant.
2. Vide the order under challenge, the District Judge, Burdwan considered the case of both the parties and held as follows:-
“From the impugned application it appears that the appellant has prayed for adducing additional evidence but no specific evidence or document has been mentioned in the petition sought to be adduced as additional evidence. The appellant has simply prayed in the petition that he wants to adduce necessary documents regarding the suit properties. From the four corners of the petition no explanation has been advanced on behalf of the appellant as to what prevented him from producing the aforesaid documents before
The court affirmed that additional evidence in appellate proceedings is only permissible if necessary for a just decision, not to remedy deficiencies in the original case.
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 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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