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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALOK JAIN
Shakrudeen – Appellant
Versus
Rashid Ahmed – Respondent
JUDGMENT :
Alok Jain, J.
The present petition has been filed inter alia challenging the order dated 24.02.2021 (Annexure P-4) passed by the learned Additional District Judge, Yamuna Nagar at Jagadhri, whereby, an application under Order 41 Rule 27 CPC seeking permission to lead additional evidence has been allowed.2. Learned counsel for the petitioners submits that the impugned order suffers from material irregularity on the ground that the evidence now sought to be brought in by the respondents was within his knowledge and more so, during the pendency of the suit, they had moved an application under Order 18 Rule 17 A CPC for bringing the same evidence but the said application was dismissed on 04.03.2003. He further submits that the said order attained finality as the same was never challenged by the respondents and now by virtue of invoking Order 41 Rule 27 CPC, the respondents cannot be permitted to fill up the lacunas.
3. Learned counsel for the petitioners relies upon the judgment passed by the Co-ordinate Bench of this Court in the case of "Rani Vs. Raksha Rani and others" in CR No. 6626 of 2013 and relies upon para 10 and 13 which reads as under:
10. Moreover, additional evidenc
The appellate court must consider applications for additional evidence at the time of hearing the appeal, ensuring relevance to the case.
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.
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....
An appellate court must consider applications for additional evidence alongside the appeal to ensure accurate judgment, as early disposal contradicts procedural intent.
Inadvertence of party or his inability to understand legal issues involved or wrong advice of a pleader or negligence of a pleader or that party did not realise importance of a document does not cons....
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.
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