Giving additional original evidence in 2nd appeal in hc under o41 r27 of cpc
R B Gupta
(Querist) 17 October 2015
This query is : Resolved
Under Order 41 Rule 27 of CPC, can we give additional original evidence in the second appeal in High Court, and that too twice - at the submission stage of the appeal? Will the judge have to compulsorily accept such evidence, or can he reject it?
P. Venu
(Expert) 18 October 2015
The information furnished are incomplete.
dev kapoor
(Expert) 18 October 2015
Hi,
Indeed therez sm inadequacy in frame of question yet see if your requirement is met by following recent SC Judgment:
Decided On: 25.02.2014
Lekhraj Bansal
Vs.
State of Rajasthan and Anr..
dev kapoor
(Expert) 18 October 2015
Hi,
Indeed therez sm inadequacy in frame of question yet see if your requirement is met by following recent SC Judgment:
Decided On: 25.02.2014
Lekhraj Bansal
Vs.
State of Rajasthan and Anr..
R.K Nanda
(Expert) 18 October 2015
state full acts.
R B Gupta
(Querist) 18 October 2015
While the case was in trial court, as well as during first appeal in district court, original Power of Attorney was not traceable. But, now, during second appeal in the high court, original PoA has been found - but only 3 out of 5 pages exist. The original notarised true copy of the PoA is also now available. Can both of them be submitted under Order 41 Rule 27 of CPC?
K.S.Srinivas
(Expert) 19 October 2015
Order 41 Rule 27 CPC contemplates that wherever additional evidence is allowed to be produced by the appellate Court, the court should record reasons for its admission.
Dr J C Vashista
(Expert) 21 October 2015
Generally appellate courts (especially second appellate court) discourage additional evidence u/o XXXXI R 27 CPC. However, take a chance, you may succeed, best of luck.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
There is nothing barring you from filing a petition under the referred provisions of law, you may proceed and wait for the result. You may attach settled laws citation to support your pleading to invoke the section to file the additional document as evidence at this stage.
