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PRADEEP KUMAR SRIVASTAVA
Jagdish Ram Gupta @ Jagdish Ram – Appellant
Versus
Shiv Shankar Prasad Swarnkar, son of Sri Ramawatar Prasad Swarnkar – Respondent
JUDGMENT
Pradeep Kumar Srivastava, J.
1. The instant petition is directed against the order dated 01.02.2023 passed by the learned Principal District Judge, Giridih in Civil Appeal No. 42 of 2019 (Annexure 3), whereby and whereunder the petition dated 04.12.2021 (in the impugned order it is mentioned as 06.12.2021) filed by the petitioner under Order 41 Rule 27 read with Section 151 CPC has been rejected.
2. Learned counsel for the petitioner assailing the impugned order has vehemently argued that the learned curt below has miserably failed to take into consideration that the documents proposed to be adduced as additional evidence are very much essential in this case for full and final adjudication of the lis between the parties. The petitioner has proved all the requirement for admission of additional evidence as required under Order 41 Rule 27 CPC which has been ignored by the court below without assigning the valid and sound reasons.
3. It is further submitted that the respondent/plaintiff has filed Eviction Suit No. 21 of 2008 against the petitioner for eviction from the suit premises on the ground of default in payment of rent. The real fact is that the present petitioner/defendan
The admissibility of additional evidence in appellate courts under Order 41 Rule 27 CPC requires the party to demonstrate due diligence in producing the evidence and that the trial court had refused ....
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 main legal point established in the judgment is the strict interpretation and application of the provisions of Order 41 Rule 27 C.P.C regarding the admissibility of additional evidence in the app....
The main legal point established in the judgment is the judicial exercise of discretion by the Appellate Court in considering applications for additional evidence under Order 41 Rule 27 CPC.
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