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2024 Supreme(P&H) 88

RITU TAGORE
Rajeshwar Singh – Appellant
Versus
Ramesh Kumari (Since Deceased) Through Lrs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Yadvinder Singh Turka, Advocate
For the Respondent:Mr. Raj Kumar Gupta, Advocate

Judgement Key Points

Key Points: - The Appellate Court has the power to take additional evidence or require such evidence to be taken under Section 107 of the CPC (!) (!) . - Order 41 Rule 27 CPC outlines the conditions under which an Appellate Court may allow additional evidence (!) (!) (!) (!) . - Additional evidence can be allowed if the Court requires it to pronounce judgment effectively or for any other substantial cause (!) (!) (!) . - A party seeking to produce additional evidence must establish that despite due diligence, the evidence was not within their knowledge or could not be produced at the time of the decree appealed against (!) (!) . - The death certificates of attesting witnesses to the Wills were permitted as additional evidence as they are official documents and would enable the Court to pronounce judgment effectively [23000829010010][23000829010023]. - A litigant should not be penalized for any lapse, whether caused by inadvertence or inexperience of their counsel [23000829010023]. - The revision petition was dismissed as devoid of merits [23000829010024]. - The Appellate Court partly allowed the application for additional evidence, permitting the respondents to produce the death certificates of witnesses to the Wills [23000829010010]. - The Appellate Court held that the additional evidence would enable it to pronounce judgment effectively [23000829010010]. - The request to examine a substitute witness was dismissed as it would amount to filling up lacunae [23000829010010].

What are the conditions under which an Appellate Court can allow additional evidence?

What is the role of "substantial cause" in allowing additional evidence in an appeal?

What is the principle regarding penalizing a litigant for the lapse or inexperience of their counsel?


JUDGMENT :

Ritu Tagore, J.

The petitioner has filed this revision petition against the order dated 10.10.2023 (Annexure P-5) passed in CA No.91 of 2017 titled 'Ramesh Kumari and another Vs. Rajeshwar and others' whereby learned Additional District Judge, SAS Nagar partly allowed the application moved by respondents (appellants-defendants before the learned Appellate Court) under Order 41 Rule 27 Code of Civil Procedure (for short referred to as 'CPC') for additional evidence.

2. Upon notice, respondent No.1 (iii) and 2 filed the reply and opposed the prayer of the petitioner, pleading non- maintainability of the petition and being devoid of merits.

3. Learned counsel for the petitioner (plaintiff before the trial Court) submits that petitioner filed a suit for declaration, seeking his ownership and possessory rights in the suit property (fully detailed in the head note of the plaint), to the extent of 1/4th share on the basis of natural succession after death of his father late Sant Rajinder Singh, by declaring relinquishment deed dated 08.07.2009 and the subsequent mutations No.2266, 2314 and 1453, entered and sanctioned in the revenue record, on the basis of the said relinquishment d

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