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.

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 plaintiffs has been allowed.

4. Learned counsel for the petitioners submits that as per the provisions of Order 41 Rule 27 CPC, the application for additional evidence before the Appellate Court cannot be allowed except in the three situations envisaged in Rule 27. It is submitted that in the present case none of the three eventualities are satisfied. It is argued that provision of Order 41 Rule 27 CPC has not been engrafted to enable parties to patch up the weak points in the case and to fill up legal submissions in the Court of Appeal or to fill any lacunae or gaps in the evidence led by them before the trial court. Moreover, it is necessary for the Appellate Court to record whether the Appellate Court is able to pronounce the judgment on the materials before it without taking into consideration the additional evidence sought to be adduced.

5. It is submitted that even the bona fides of the plaintiffs is not clear as, along with the appeal on 02.01.2018 (Annexure P-9), the plaintiffs had also filed an application for amendment of plaint; which was subsequently withdrawn by them vide order dated application 19.02.2025 (Annexure P-9) i.e. after almost 7 years. Accordingly, it is prayed that the impugned order be set aside.

6. No other argument has been raised by learned counsel for the petitioner.

7. I have heard learned counsel for the petitioner and perused the case file in great detail.

8. A perusal of the application filed dated 19.07.2023 (Annexure P-5) by the plaintiffs under Order 41 Rule 21 CPC shows that the additional evidence sought to be adduced by the plaintiffs included the following documents: -

'That at the time of leading evidence before the Ld. Lower Court some valuable documents were not available to the appellants/plaintiffs. Now the appellants/plaintiffs want to submit the following documents:-

i) Certified copies of Jamabandi for the year 1955-56, 1957-58, 1945-46, 1940-41, 1938-39, 1930-31, 1928-29, 1922-23, 1918-19, 1914-15, 1910-11, 1907-08, 1903-04, 1902-03, 1898-99, 1894-95, 1890-91, 1886-87.

ii) Jamabandi Urdu version for the year of 1945-46, 1940-43, 1938-39, 1930-31, 1926-27, 1922-23, 1918-19, 1914-15, 1910-11, 1907-08, 1903-04, 1902-03, 1898-99, 1894-95, 1890-91, 1886-87.

iii) Certified Copies of Jamabandi for the year of 2020-21, 2005-06, 2000-2001, 1995-96, 1990-91, 1985-86, 1980-81, 1975-76, 1970-71, 1965-66, 1961-62 and Urdu ve