Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kiran Kumar (Lawyer)     10 September 2009

O. 41 R. 27 CPC

Hon'ble SC delivers a following judgment in

Jatinder Singh and Anr. v/s Mehar Singh

 

Civil Appeal No. 57 of 2008 decided on 19/09/2008

 

that when an application for acceptance of additional evidence under Order 41 Rule 27 of CPC was filed by the appellants, it was the duty of the High Court to deal the same on merits.

 

thus can be concluded fromt this judgment that every such application is required to be dealt with on merits by the appellate court, it can not be rejeceted merely on mechanical grounds.



Learning

 14 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     10 September 2009

It is a gud and landmark judgment delievered by Hon'ble apex Court. It is seen that generally appellate court summarily reject such application moved by appellants without going in depth and providing opportunity to the applicant/appellant even the reason which prevented him to bring that evidence during the trial before lawer court.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     10 September 2009

THANK U KIRAN,WE NOTED AS VALUEBLE CASE LAW IN CIVIL APPEALS..


(Guest)

Sh. Kiran ji,
Thank you so much your quoted citation helped me today at THC, Delhi.
Rgds,

1 Like

Adinath@Avinash Patil (advocate)     11 September 2009

Kiran Kumar thank giving valuable information.

Sanjeev Tewatia (Advocate)     12 September 2009

thanks Kiran

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     12 September 2009

KIRAN PLS SHARE SOME OF UR CIVIL /CRIMINAL PRACTICE CITATIONS HELPED IN UR CAREER,IF TIME PERMITS ...

Naynesh A. Thakkar (Advocate)     13 September 2009

Thank You Sirji..

Its really good authority to quote in lower courts..

I m in searching of authority related to the property sold without taking permission of ho. court for the share of minor..

 

 

rajvinder singh (advocate)     23 September 2009

SIR PLEASE TELL IN IN APPEAL FROM STATUS QUO GRANTED BY LOWER COURT ,RESPONDENT FIND THE OLD PHOTOGRAPHS OF GALI/STREET WHICH WERE NOT SHOWN BEFORE LOWER COURT.

STATUS QUO WAS GRANTED BY THE LOWER COURT ON THE BASIS OF REPORT OF LOCAL COMMISSIONER WHICH HAS FAVOURED THE RESPONDENT/PLAINTIFF.

NOW THE APPEALLANT HAS APPEALED AGAINST THE ORDER OF LOWER CIVIL COURT

SIR PLS TELL ME NOW AT THIS STABE WHEN NO EVIDENCE HAS TAKEN PLACE BEFORE LOWER COURT WHAT SHOULD I DO FOR PLACING THE PHOTOGRAPHS ON JUDICIAL FILE BEFORE APPELLATE COURT.DOES I PLACE APPLICATION UNDER THIS ORDER 41 R 27OF SIMPLY SHOW THESE SNAPS WHICH ARE IN MY FAVOUR TO THE JUDGE

PLSSSSSSSSSSS REPLY

ram murti (advocate) (lawyer)     02 November 2009

thanks for giving valuable ruling of apex court. if possible pls give citation of journal in which it is reported. rammurti (advocate)

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     02 November 2009

PLEASE FIND FULL JUDGMENT OF ABOVE-  ATTACHED HEREBY


Attached File : 8 8 civil appeal order 41 rule 27 of cpc.pdf downloaded: 156 times

M. RADHA (Advocate)     18 August 2010

Respected Sir

Can I know which journal has reported this case and also the meaning of Non-reportable  written on top of judgement

(I need this citation for my case)

rajasekaran (director)     26 January 2012

Facts. Arbitration award passed on 31.12.2009. Original Petition to set aside the award filed and represented during october 2010. On interim order regarding 75% predeposit mandated under section 19 of MSMED Act 2006 issue pending in Apex Court.

Querry.  1.Can fresh documents allegedly as if payments were made be aduced as additional documents  ?

2. Will O 41 R 27 apply to Arbitration matters, and if so, will trial by arbitral tribunal amount to trial court and appeal in High Court in Original Petitionis is where the application to adduce additional documents be filed?

3. When documents were not filed when contesting the award or in the High Court , can additional fresh documents be filed in Apex Court?

 

Ashish Chakravarty (Advocate)     26 January 2012

Well, in this case the application under Order 41 Rule 27 was not rejected by HC, it was just not considered as can be gathered from "Or. 41 R. 27 - Application thereunder for acceptance of additional evidence - High Court failed to take notice of application and decide whether additional evidence could be permitted to be admitted into evidence - When an application for acceptance of additional evidence was filed it was duty of High
Court to deal with the same on merits - Matter remitted for decision afresh in accordance with law." so this citation is for those cases when such application has been not disposed off or not considered, in other words such application has to be either rejected or allowed but cannot be left un disposed off. 

I.S.Roy,Advocate (Advocate)     12 February 2012

DeaRr Singh,

Yes, you can apply such application if your non filing of evidence in lower court had bonafide reasons

with regrds

ISRoy, Advocate


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