Law:

Section:

Civil Procedure Code, 1908 (V of 1908)---- --------O. XLI, R. 27----Production of additional evidence at appellate stage----Scope of----Whenever additional evidence is allowed to be produced Court shall record reason for its admission----Additional evidence at appellate stage cannot be allowed to be produced by a party as of right rather it is discretion of Court to determine whether additional evidence which party wants to produce in Court was illegally refused to be admitted by trial Court----Any document is required to be produced or any witness to be examined to enable Court to pronounce or for just decision of case. Civil Procedure Code, 1908 (V of 1908)---- --------O. XLI, R. 27----Production of additional evidence----Conditions for----Illegally refused to admit additional evidence----Appellate Court requires additional evidence to be produced to enable it for pronouncement of , and; (iii) appellate Court while allowing additional evidence shall record reason for its admission. Civil Procedure Code, 1908 (V of 1908)---- --------O. XLI, R. 27----Additional evidence----Essential----Discretion of Court----Requirement of additional evidence must be requirement of Court and not of a party----Moreover, allowing additional evidence is discretion of Court which can be exercised subject to limits prescribed in statutory provisions. Civil Procedure Code, 1908 (V of 1908)---- --------O. XLI, R. 27----Production of additional evidence----Substantial cause----Documents which appellant wants to produce as additional evidence are not necessary to pronounce or for any other substantial cause, same can be admitted. Civil Procedure Code, 1908 (V of 1908)---- --------O. XLI, R. 27----Production of additional evidence at appellate stage----Lacuna----Statutory provision----Failed to furnish sufficient cause or reason----It is well settled principle of law that additional evidence would not be permitted at appellate stage in order to enable one of parties to remove certain lacuna in presenting its case at proper stage and to fill in gaps----Under statutory provision of Order XLI, Rule 27, CPC there must be sufficient cause and reason for production of additional evidence at…

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