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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON
Ramesh Chandra Sahoo – Appellant
Versus
Kailash Chandra Sahoo – Respondent
| Table of Content |
|---|
| 1. application under article 227 challenging earlier order. (Para 1) |
| 2. timing of application disposal questioned. (Para 2) |
| 3. power of appellate court for additional evidence. (Para 3 , 4 , 5 , 6) |
| 4. importance of hearing additional evidence with appeal. (Para 7 , 8) |
| 5. order restoring application and providing hearing rights. (Para 9 , 10 , 11 , 12) |
ORDER :
1. The instant Civil Miscellaneous Petition (CMP) under Article 227 of the Constitution of India is at the behest of the petitioners/appellants assailing an order dated 19th July, 2025 passed by the learned Additional District Judge, Odagaon, Nayagarh in R.F.A. No.14 of 2020 by which an application under Order 41, Rule 27 of the Code of Civil Procedure, 1908 (CPC) for adducing additional evidence was rejected on the premise that once the counterclaim and the application for amendment filed in the Trial Court is rejected, leave to adduce such additional evidence cannot be allowed in the appeal.
2. The first and foremost point involved in the instant CMP as to whether the appellate Court was justified in disposing of an application under Order 41, Rule 27 of the CPC before the hearing of the said appeal. In other words,
An appellate court must consider applications for additional evidence alongside the appeal to ensure accurate judgment, as early disposal contradicts procedural intent.
The appellate court must consider applications for additional evidence at the time of hearing the appeal, ensuring relevance to the case.
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....
Additional evidence must be evaluated during the final appeal hearing, not before, ensuring judicial rigor in respecting procedural rules.
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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