O41 R27. Production of additional evidence in Appellate Court.
Natha
Singh V. Financial Commissioner Taxation, Punjab, AIR 1976 SC 1053, the
Apex Court held that unless additional evidence is necessary to pronounce the judgment,
it should not be permitted to be adduced as “the discretion given to the Appellate
Court to receive and admit additional evidence, is not an arbitrary one but it
is judicial one circumscribed by the limitation specified in O. 41 R., 27 of
the Code. If the additional evidence is allowed to be adduced contrary to the
principles governing the reception of such evidence, it will be a case of
improper exercise of discretion and the additional evidence, so brought on
record, has to be ignored.
Reiterating
the same view in The Land Acquisition Officer, City Improvement Trust Board V.
H. Naryanaiah & Ors., AIR 1976 SC 2403, the Apex Court further observed
that for allowing the application the Appellate Court must record reasons to show
that it had considered the requirement of O. 41 R. 27 of the Code so that it
may be examined as how the Appellate Court found the admission of such evidence
to be necessary for some substantial reason, and if it finds it necessary to
admit it, an opportunity should be given to the other side to rebut any
inference arising from its existence by leading other evidence.
O41 R27. Production of additional evidence in Appellate Court.
Please
share and follow this blog for more such law related articles.
No comments:
Post a Comment