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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Vijay Pal – Appellant
Versus
Umed Singh – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.09.2021 (Annexure P-4) whereby an application filed by plaintiff-respondent herein under Order 41 Rule 27 of the Code of Civil Procedure, 1908 for leading additional evidence has partly been allowed by the learned Additional District Judge, Narnaul in a pending appeal being CA/153/2019.
2. Brief facts relevant to the present lis are that the plaintiff-respondent herein filed a suit for specific performance of contract of sale dated 28.02.2011 executed by the defendant-petitioner in his favour for sale of 160/2501 share in land comprised in Khewat No.16 Khatoni No.16 measuring 125 Kanals 1 Marla as per jamabandi for the year 2005-06 situated within revenue estate of Village Madhogarh, Tehsil and District Mahendergarh. The suit was dismissed by the Trial Court vide judgment and decree dated 06.02.2016. Aggrieved by the same, an appeal was preferred by the plaintiff-respondent on 29.02.2016. During the pendency of the appeal, on 14.11.2019, an application was filed by the plaintiff-respondent for leading additional evidence
Additional evidence must be evaluated during the final appeal hearing, not before, ensuring judicial rigor in respecting procedural rules.
The appellate court must consider applications for additional evidence at the time of hearing the appeal, ensuring relevance to the case.
Additional evidence under Order 41 Rule 27 CPC must be considered at the final hearing of an appeal, not prior.
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.
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....
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.
An appellate court must consider applications for additional evidence alongside the appeal to ensure accurate judgment, as early disposal contradicts procedural intent.
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