107. Powers of Appellate Court.
O41 R 27. Production of additional evidence in Appellate Court.
Judgment:
In Mahavir Singh & Ors. V. Naresh Chandra & Anr., AIR 2001 SC 134, the Apex Court considered the issue elaborately and observed as under:- “Principle to be observed ordinarily is that the Appellate Court should not travel outside the record of the lower Court and cannot take evidence in appeal. However, Section 107 (d) C.P.C. is an exception to the general rule and an additional evidence can be taken only when the conditions and limitations laid down in the said rule are found to exist. The Court is not bound under the circumstances mentioned under the rule to permit additional evidence and the parties are not entitled, as a right, to the admission of such evidence and the matter is entirely in the discretion of the Court, which is, of course, to be exercised judiciously and sparingly.”
While deciding the said case, the Supreme Court placed reliance upon a large number of its earlier judgments, including the Municipal Corporation of Greater Bombay V. Lala Pancham & Ors., AIR 1965 SC 1008, wherein it has been held that a mere defect in coming to a decision is not sufficient for admission of evidence under the rule.
In the case of Mahavir Singh (supra), by the time the Supreme Court decided the case the additional evidences had been taken on record. The Court rejected the prayer that the evidence already taken on record may be considered by the Court below while making the final decision as the provisions could become un-ending and additional evidence can be taken only in the circumstances prescribed under O. 41 R. 27 of the Code.
107. Powers of Appellate Court.
O41 R 27. Production of additional evidence in Appellate Court.
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