Appellate courts can consider new evidence from public documents even if not presented in the lower court.

1. Leave is granted to the appellant to effect amendment of the name of the respondent/wife in the cause title and the pleadings in the appeal in course of the day.

2. The appeal is directed against judgment and order dated 31^st January, 2025 passed by the Additional District Judge, 1^st Court at Balurghat, Dakshin Dinajpur in Matrimonial Suit No. 182 of 2020.

3. By the impugned judgment and decree, the suit was filed by the appellant/husband has been dismissed. The appeal shall be heard.

Re: CAN 2 of 2025

4. CAN 2 of 2025 is an application filed by the appellant/husband under Order 41 Rule 27 of the CPC to record certain proceedings under Section 498A of the IPC filed by the respondent/wife against the appellant/husband and his parents. The appellant and his parents have been acquitted in the said proceedings.

5. Learned counsel for the respondent/wife, vehemently opposes the prayer of the appellant to introduce new evidence.

6. Having heard the learned counsel for the parties and having considered the materials brought on record, this Court firstly notes that the records of the said proceedings under Section 498A of the IPC, are public document. While it is true that the appellant did not produce or rely upon the said documents in support of his case for dissolution of marriage and/or divorce, this Court is not precluded in law from considering the same. Since a first Appellate Court is an extension of the Trial Court, the Court can and is entitled to look at the effect of the said proceedings on the claim and counter claim between the parties either in the first Court or before this Court.

7. In such circumstances, CAN 2 of 2025 is allowed.

8. Let the TCR be brought before this Court as expeditiously as possible by special messenger, costs whereof, put in by the appellant, within a week from date. The appellant shall be notified of the arrival of the TCR.

9. Let sufficient copies of paper books be prepared to include all the pleadings and evidence and orders in the first Court including the documents produced under Order 41 Rule 27 of the CPC as ordered by this Court.

10. Let appropriate informal index be added and the paper book duly paginated in accordance with law.

11. Liberty to mention for early hearing after completion of paper books and service thereof on the counsel for the respondents.

12. Since the respondent is represented, formal notice of appeal is dispensed with.