Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Gajraj – Appellant
Versus
Dharambir Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
The present revision petition has been filed by defendants No. 1, 2, 7(iv), 8(ii) & 22 under Article 227 of the Constitution of India for setting aside order dated 26.03.2025 (Annexure P-7) passed by learned Additional District Judge, Palwal whereby application filed by the plaintiff/respondent Nos. 1 to 3 herein, under Order 41 Rule 27 read with Section 151 CPC for additional evidence, has been allowed.
2. Learned counsel for the petitioner submits that the Civil Suit dated 02.07.2013 (Annexure P-1) was filed by the plaintiffs for declaration and possession; which was dismissed by the learned trial court vide judgment and decree dated 12.12.2017 (Annexure P-3).
3. Aggrieved thereof the plaintiffs had filed Civil appeal No.5 dated 02.01.2018 (Annexure P-4) before the learned Additional Sessions Judge, Palwal. During the pendency of the said appeal the plaintiffs had moved an application dated 19.07.2023 (Annexure P-5) under Order 41 Rule 27 CPC for additional evidence. The contesting defendants had filed their reply dated 14.12.2023 (Annexure P-6) to the said application. However, vide the impugned order dated 26.03.2025 (Annexure P-7) the said application of
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.
Additional evidence must be evaluated during the final appeal hearing, not before, ensuring judicial rigor in respecting procedural rules.
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.
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.
An application for additional evidence under Order 41 Rule 27 CPC must be decided concurrently with the main appeal to uphold judicial efficacy and fairness.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
