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1961 Additional Evidence Civil Procedure - Summary
Main Points and Insights
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Legal Framework for Additional Evidence: Under Order 41, Rule 27 of the Civil Procedure Code (CPC), courts have the authority to admit additional evidence during appeals, but strict conditions must be met. The evidence must be relevant, and the party seeking to introduce it must demonstrate that it was not available despite due diligence or that its production is essential for a just decision Jagtal Mahto VS Surendra Singh - Patna, UDAY NATH NANDA VS BULEI GURU - Orissa.
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Conditions for Allowing Additional Evidence: Courts emphasize that additional evidence should only be admitted if the party can prove that such evidence could not have been produced earlier despite due diligence, or if its absence would cause a miscarriage of justice. Mere request without satisfying these conditions is insufficient SIQBATHULLA KHAN VS LAND TRIBUNAL, KANAKAPURA - Karnataka, HARJIVAN GOVINDBHAI VS SUSHILKUMAR MOOLCHAND - Madhya Pradesh.
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Discretion of Appellate Court: The appellate courts possess the discretion to permit additional evidence, but this is subject to adherence to procedural safeguards. They cannot allow evidence merely on asking; the applicant must establish reasons such as inability to produce evidence earlier or necessity for proper adjudication Jagtal Mahto VS Surendra Singh - Patna, UDAY NATH NANDA VS BULEI GURU - Orissa.
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Remand and Evidence: Cases can be remanded for further inquiry if additional evidence is required, but the applicant must demonstrate that despite exercising due diligence, they could not produce the evidence earlier. The courts have been cautious in granting remands solely based on requests for additional evidence SIQBATHULLA KHAN VS LAND TRIBUNAL, KANAKAPURA - Karnataka, Prabhulal VS Saifuddin - Madhya Pradesh.
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Refusal of Additional Evidence: Applications for additional evidence are often declined when the legal requirements are not met or when the evidence is sought merely to delay proceedings or for improper motives M/s Shree Krishana Kripa Feeds, Panipat VS Commissioner Of Income Tax, Karnal - Punjab and Haryana, Naresh Chandra Jain VS Kishanlal Shivcharan - Madhya Pradesh.
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Impact on Judgments and Appeals: Proper consideration of additional evidence is crucial for fair adjudication. Courts have set aside judgments or remanded cases for re-evaluation when procedural lapses in admitting evidence occurred, emphasizing adherence to legal procedures Avtar Singh VS Sukhvinder Singh - Punjab and Haryana, M/s Metro Valley Business Park Pvt Ltd VS Municipal Corporation, Gurugram And Others - Punjab and Haryana.
Analysis and Conclusion
The jurisprudence from 1961 underscores that Order 41, Rule 27 of the CPC provides a mechanism for admitting additional evidence during appeals, but strict compliance with procedural conditions is essential. The applicant must prove due diligence and necessity for the evidence, and courts exercise discretion carefully to prevent abuse. Cases where evidence is admitted without satisfying these conditions are often reversed or remanded, emphasizing the importance of procedural integrity in appellate proceedings. Overall, the law aims to balance the need for justice with procedural fairness, ensuring that additional evidence is only admitted when genuinely necessary and justified.
References: - Jagtal Mahto VS Surendra Singh - Patna - UDAY NATH NANDA VS BULEI GURU - Orissa - SIQBATHULLA KHAN VS LAND TRIBUNAL, KANAKAPURA - Karnataka - HARJIVAN GOVINDBHAI VS SUSHILKUMAR MOOLCHAND - Madhya Pradesh - Naresh Chandra Jain VS Kishanlal Shivcharan - Madhya Pradesh - Avtar Singh VS Sukhvinder Singh - Punjab and Haryana - M/s Shree Krishana Kripa Feeds, Panipat VS Commissioner Of Income Tax, Karnal - Punjab and Haryana - M/s Metro Valley Business Park Pvt Ltd VS Municipal Corporation, Gurugram And Others - Punjab and Haryana - Prabhulal VS Saifuddin - Madhya Pradesh
Search Results for "1961 Additional Evidence Civil"
1978 0 Supreme(Pat) 48 • India - Patna
MADAN MOHAN PRASAD
Additional Evidence - Civil Procedure - Order XLI - Rule 27 - Code of Civil Procedure - 34 Indian Appeals 115, AIR 1951 Supreme ... Court 193, AIR 1963 Supreme Court 1526, AIR 1961 Orissa 169 - The court discussed the requirements for allowing additional evidence ... The court also highlighted that the appellate court has the power to allow additional evidence not only if it requires such evidence ... The High Court, however, consid....
2018 0 Supreme(P&H) 4765 • India - Punjab and Haryana
AJAY KUMAR MITTAL, MANJARI NEHRU KAUL
Additional Evidence - Income Tax - Code of Civil Procedure - Order 41, Rule 27 - [Code of Civil Procedure] - [Order 41, Rule 27 ... ] - The court declined the application for additional evidence as the legal requirements were not satisfied and it was an attempt ... Fact of the Case: The appellant sought to produce additional evidence under Order 41, Rule 27 of the Code of Civil ... Accordingly, the application for additional evidence is declined. .....
1998 0 Supreme(Kar) 5 • India - Karnataka
G.C.BHARUKA
for recording additional evidence-case can not be remanded on mere asking without proving that remand for additional evidence has ... Karnataka Land Reforms Act, 1961-Section 48-A-Civil Procedure Code, 1908-Order 41, Rules 23, 25 and 27-Remand of case to Tribunal ... To seek such a relief, the petitioner has to satisfy this court that despite grant of opportunity, the additional evidence which he intends to produce could not be produced despite exercise of due diligen....
1986 0 Supreme(MP) 197 • India - Madhya Pradesh
P.D.MULYE
... (2) Civil procedure code, 1908 - O. 41, R. 27 - additional evidence ... ... (3) Accommodation Control Act, 1961 (M. ... He, thus, wanted permission to adduce this additional evidence. ... ( 11. ) THE plaintiffs by -their replies dated 28-4-1983 opposed both these applications. ... (2) Whether the lower appellate Court has erred in not permitting the appellant to produce additional documentary evidence ? ... ( 2. ) THE facts giving rise to this appeal may be state....
1982 0 Supreme(MP) 223 • India - Madhya Pradesh
A.R.NAVKAR
evidence sought to be adduced for delaying - prayer not bonafide - permission refused. ... (2) Civil procedure code, 1908 - O. 41, R. 27 - additional ... (1) Accommodation Control Act, 1961 (M. P.) - S. ... The trial Court, after taking into consideration the evidence of the parties, decreed the suit. Aggrieved by this, an appeal was preferred before the Second Additional District Judge, Bhind. ... ... This is an appeal against the judgment and decree dated 5-3-1981, passed by the Second Addi....
1992 0 Supreme(MP) 695 • India - Madhya Pradesh
T.N.SINGH
sought with prayer of additional evidence -- cause arising during pendency of appeal-- case remanded for further inquiry and fresh ... ... (2) Civil P.C., 1908 -- O.6, R.17 and O.41, R.27 -- amendment ... (1) Accommodation Control Act, 1961 (M.P.) -- S. 12(1) (f) -- landlord acquiring more accommodation during pendency of second appeal ... Before that is done, in the course of retrial of the suit, pleadings shall be amended and additional evidence in that regard shall be receive....
2019 0 Supreme(P&H) 2467 • India - Punjab and Haryana
JAISHREE THAKUR
, including the handling of additional evidence and the entry of a decree from a representative suit. ... to the District Judge for fresh consideration, with a direction to decide the appeals and the application for additional evidence ... The court emphasized the need for proper adjudication based on evidence and adherence to legal procedures. ... .", while allowing the application for additional evidence, are absolutely against the law. ... on particular issues in l....
2019 0 Supreme(P&H) 2248 • India - Punjab and Haryana
JAISHREE THAKUR
Ratio Decidendi: The Additional District Judge's handling of the case, including allowing additional evidence without due ... The Additional District Judge, however, passed an incomprehensible judgment and decree, allowing an application for additional evidence ... evidence. ... .", while allowing the application for additional evidence, are absolutely against the law. ... on particular issues in light of additional#HL_EN....
1990 0 Supreme(P&H) 176 • India - Punjab and Haryana
A.L.BAHRI
Court for decision of the issues in the light of the evidence to be produced by the parties. ... On appeal, the Additional District Judge set aside the judgment and decree of the trial Court and remanded the case back to the trial ... CO-OPERATIVE SOCIETIES ACT, 1961 - WHETHER NECESSARY. ... On appeal filed by Sukhvinder Singh and others, plaintiffs, the Additional District Judge, Patiala, set aside the judgment and decree of the trial Court and remanded the case back to the trial Court for decision of the issues in the ....
1969 0 Supreme(Ori) 123 • India - Orissa
R.N.MISRA
On appeal, the defendants applied to receive an Ekpadia by way of additional evidence under Order 41, Rule 27, Civil P. C. ... evidence under Order 41, Rule 27, Civil P. ... ORDER 41 RULE 27 CIVIL PROCEDURE CODE - ADDITIONAL EVIDENCE - ADMISSIBILITY - LACUNA IN EVIDENCE - APPELLATE COURT - POWER TO ... may be received by way of additional evidence under Order 41, Rule 27, Civil P. ... to the trial....
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