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DIVYESH A. JOSHI
JAVEDBHAI @ JAVEDKHAN BABUBHAI SAIYAD – Appellant
Versus
SIKANDARALI KASAMALI KURESHI – Respondent
JUDGMENT :
(DIVYESH A. JOSHI, J.)
1. With the consent of parties, the present matter is taken up for final disposal.
2. By way of present petition under Article 227 of the Constitution of India as well as under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC” for short), the petitioners have prayed for quashing and setting aside the order dated 28.08.2024 passed application, Exh.18 by the learned 4th Additional District Judge, Ahmedabad (Rural) in Regular Civil Appeal No.1 of 2022, whereby the application preferred by the petitioners under Order XLI, Rule 27 of the CPC seeking permission to produce additional documents came to be rejected.
3. The facts of the case in nutshell are as under,
3.2 The respondent no.1 had filed Special Civil Suit No.240/2008 before the court of the learned Principal Civil Judge, Ahmedabad (Rural) against the petitioners and the respondent no.2 herein inter alia praying for direction upon the petitioners – original defendants to hand over vacant and
The appellate court may only admit additional evidence under specific conditions, which were not met by the petitioners, as they failed to demonstrate due diligence in producing the evidence during t....
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
The discretion to allow additional evidence in appeal should be exercised sparingly and only in exceptional circumstances as per the parameters set out in Order XVI Rule 27 of the Code of Civil Proce....
Additional evidence – Application for taking additional evidence on record at a belated stage cannot be filed as a matter of right.
(1) Additional evidence – Parties do not possess any vested or automatic right to seek admission of additional evidence at appellate stage.(2) Appeal is ordinarily to be decided on evidence adduced b....
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