THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on hearing

Order XLI Rule 27: Production of additional evidence in Appellate Court

The Code of Civil Procedure, 1908

(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if —

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

¹[(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or]

(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause,

the Appellate Court may allow such evidence or document to be produced, or witness to be examined.

(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.

Footnotes in the official text

1.Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 16 of our papers cite Order XLI Rule 27. Try these from the free papers:

1. In a first appeal, the Appellate Court, on examining the evidence already on record, finds that it cannot pronounce judgment on a material issue without the evidence of a witness whom neither party examined at the trial. No party has applied to adduce additional evidence. Under Order XLI Rule 27 CPC, the Appellate Court:
2. Consider the following statements regarding additional evidence in appeals under Order XLI CPC: 1. Parties to an appeal are entitled, as of right, to produce additional evidence in the Appellate Court. 2. Additional evidence may be allowed where the trial court refused to admit evidence which ought to have been admitted. 3. Additional evidence may be allowed where, despite due diligence, the evidence was not within the party's knowledge or could not be produced by him when the decree was passed. 4. Where additional evidence is allowed, it must be taken by the Appellate Court itself and cannot be taken by the trial court. Which of the statements given above are correct?

Practise questions on Civil Procedure Code