New evidence in appellate courts

Vivek Singh (Querist) 30 September 2020 This query is : Resolved
Hello Sir,

My civil case is decided in the Hon'ble trial court and now the appeal is filed by my opponents.
I have one question,

If any Situation come that I have to submit the evidence that are created after the decision of the Hon'ble trial court,
then

IS IT POSSIBLE TO SUBMIT NEW EVIDENCES IN Hon'ble appealete court and HIGH COURT, THAT ARE CREATED AFTER THE DECISION OF HON'BLE TRIAL COURT....

Please clarify my doubt.
Thank you.

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Quick Summary

Generally, new evidence created after a trial court's decision cannot be submitted in an appellate court. However, there are specific exceptions. An appellate court may consider additional evidence under Order XLI Rule 27 of the Code of Civil Procedure if the trial court wrongly refused to admit it, or if the party can prove that despite due diligence, the evidence was not available or discoverable at the time of the original trial.

SHIRISH PAWAR, 7738990900 (Expert) 30 September 2020
Hello,

The court will not allow you to file evidence that is "created" after the decision of the court before the appellate court.

Vivek Singh (Querist) 30 September 2020
Sir, Can the Hon'ble HIGH COURT ALLOW THE evidence IF THE HIGH COURT THINK THAT some evidence are left out and they are important to solve the case??????

SIR, I HAVE HEARD THAT HIGH COURTS HAVE UNLIMITED POWER AND WITH THE DISCRETION OF COURT THEY CAN ALLOW THAT IF VALID REASON IS GIVEN FOR JUSTICE.

Rajendra K Goyal (Expert) 30 September 2020
No additional evidence allowed at appeal stage.

Discuss with your lawyer in detail as he is aware of full case file.

Hemant Agarwal (Expert) 30 September 2020
1. ANY type of Evidence can be taken on record ONLY in the Trial Court, by marking it as exhibits, proving's etc..... Appellate Court CANNOT consider additional or new evidence.

2. However you are entitled to move application to "remand back" the matter to the Trial Court, for fresh hearing based on the additional of new evidence.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Dr J C Vashista (Expert) 01 October 2020
Additional evidence may be accepted by appellate court under order XLI Rule 26 of the Code of Civil Procedure, 1908.

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Advocate Bhartesh goyal (Expert) 01 October 2020
Yes, additional evidence may be accepted by appellate court under order 41 rule 27 of cpc subject to :-
(1) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted,or
(2) the party seeking to produce additional evidence, establish that not withstanding the exercise of due ,diligence,such evidence was not within knowledge or could not,after exercise of due diligence,be produced by him at the time when the decree appealed against was passed.

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K Rajasekharan (Expert) 02 October 2020
Normally additional evidence cannot be produced in the appeal court.

But one can produce additional evidence in the appeal court with its permission in exceptional cases, under Rule 27 of the Order 41.

The orders 28 and 29 also refer to some of the modalities of producing evidence.

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Rajendra K Goyal (Expert) 03 October 2020
Broadly no new evidence is entertained at appellate stage till court satisfied regarding necessity importance under Rule 26,27 order 41..

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