Appointment of receivers: O40 R1

Code of Civil Procedure

Appointment of Receivers

1. Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court may by order—

(a) appoint a receiver of any property, whether before or after decree;

(b) remove any person from the possession or custody of the property;

(c) commit the same to the possession, custody or management of the receiver; and

(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit.

(2) Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove.

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure

Simplification:

Order XL Rule 1 empowers the Court to appoint the receiver. Power to appoint includes the power to suspend, remove or terminate him.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Form of appeal: O41 R1

Code of Civil Procedure

Appeals from Original Decrees

1. Form of appeal. What to accompany memorandum.—(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the ¹[Judgment].

²[Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing of more than one copy of the judgment.]

(2) Contents of memorandum.—The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively.

³[(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.]

Note: 1. Subs. by Act 46 of 1999. s. 31 (w.e.f. 1-7-2002).

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

3. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure

Simplification:

Order XLI Rule 1 stood amended to the effect that there may be one appeal against the separate judgments and decrees if two or more than two Suits have been tried together and a common judgment has been delivered. It shall be accompanied by the copy of the judgment. Earlier, it was necessary to file the copy of the degree also, and therefore, separate appeals were maintainable.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Stay by Appellate Court: O41 R5

 Code of Civil Procedure

Stay of proceedings and of execution

5. Stay by Appellate Court.—(1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree.

¹[Explanation.—An order by the Appellate Court for the stay of execution of the decree shall be effective from the date of the communication of such order to the Court of first instance, but an affidavit sworn by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.]

(2) Stay by Court which passed the decree.—Where an application is made for stay of execution of an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which passed the decree may on sufficient cause being shown order the execution to be stayed.

(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court making it is satisfied—

(a) that substantial loss may result to the party applying for stay of execution unless the order is made;

(b) that the application has been made without unreasonable delay; and

(c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.

(4) ²[Subject to the provision of sub-rule (3)], the Court may make an ex parte order for stay of execution pending the hearing of the application.

³[(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.]

Note: 1. The Explanation ins. by s. 87, ibid., (w.e.f. 1-2-1977).

2. Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977).

3. Ins. by s. 87, ibid. (w.e.f 1-2-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure

Simplification:

Mere filing appeal would not be enough for stay of operation of the order. Stay order is to be passed by the appellate court for “sufficient cause”. 

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Production of additional evidence in Appellate Court: O41 R27

 

Code of Civil Procedure

 

27. Production of additional evidence in Appellate Court.—(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.

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

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure

Simplified explanation:

Order XLI Rule 27 deals with the issue of taking evidence at appellate stage.

The said provisions are applicable when some inherent lacuna or defect becomes apparent while examining the case and are not applicable where a discovery is made outside the Court of fresh evidence and application is made to import it. The true test to allow the application is as to whether the appellate court is able to pronounce judgment on the material before it without taking into consideration the additional evidence sought to be adduced. 

The Appellate Court has the power to allow additional evidence not only if it requires such evidence to enable it to pronounce judgment but also for ‘any other substantial cause'. 

The additional evidence should not be permitted to be adduced when there was sufficient opportunity for the party to place the same before the court below.

It would be better if such grounds are specifically set out in the application so that opposite party may better make the plea and Court may also have the relevant provisions of the specific clause of Rule 27 (1) in its mind while dealing with the application.

The provisions of O.41 R. 27 of the Code do not confer a right on the party to adduce additional evidence, but if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evidence to be adduced and in case the appellate court has given cogent reasons on such application and order has been passed in the interest of justice, it does not require any interference.

There can be no justification to entertain the application under O. 41 R. 27 at a belated stage and it deserves to be rejected on this count alone.

If the application unnecessarily prolongs the disposal of the case and not directly connected with the immediate issue, it deserves rejection.

Party filing such an application has to establish with his best efforts that such additional evidence could not have been adduced at the first instance; secondly, the party affected by the admission of additional evidence, should have an opportunity to rebut such evidence; and thirdly, the additional evidence was relevant for determination of the issue.

The Appellate Court should not, ordinarily allow new evidence to be adduced in order to enable a party to raise a new point in appeal. Similarly, where a party on whom the onus of proving a certain point lies fails to discharge the onus, he is not entitled to a fresh opportunity to produce evidence, as the Court can, in such a case, pronounce judgment against him and does not require any additional evidence to enable it to pronounce judgment.

Under Order XLI , Rule 27 CPC, the appellate Court has the power to allow a document to be produced and a witness to be examined. But the requirement of the said Court must be limited to those cases where it found it necessary to obtain such evidence for enabling it to pronounce judgment. This provision does not entitle the appellate Court to let in fresh evidence at the appellate stage where even without such evidence it can pronounce judgment in a case. It does not entitle the appellate Court to let in fresh evidence only for the purpose of pronouncing judgment in a particular way. In other words, it is only for removing a lacuna in the evidence that the appellate Court is empowered to admit additional evidence.

It is not the business of the Appellate Court to supplement the evidence adduced by one party or the other in the lower Court. Hence, in the absence of satisfactory reasons for the non-production of the evidence in the trial court, additional evidence should not be admitted in appeal as a party guilty of remissness in the lower court is not entitled to the indulgence of being allowed to give further evidence under this rule. So a party who had ample opportunity to produce certain evidence in the lower court but failed to do so or elected not to do so, cannot have it admitted in appeal.

The inadvertence of the party or his inability to understand the legal issues involved or the wrong advice of a pleader or the negligence of a pleader or that the party did not realise the importance of a document does not constitute a "substantial cause" within the meaning of this rule. The mere fact that certain evidence is important, is not in itself a sufficient ground for admitting that evidence in appeal.

The words "for any other substantial cause" must be read with the word "requires" in the beginning of sentence, so that it is only where, for any other substantial cause, the Appellate Court requires additional evidence, that this rule will apply, e.g., when evidence has been taken by the lower Court so imperfectly that the Appellate Court cannot pass a satisfactory judgment.

Whenever the appellate Court admits additional evidence it should record its reasons for doing so. (Sub-rule 2). It is a statutory provision which operates as a check against a too easy reception of evidence at a late stage of litigation and the statement of reasons may inspire confidence and disarm objection. Another reason of this requirement is that, where a further appeal lies from the decision, the record of reasons will be useful and necessary for the Court of further appeal to see, if the discretion under this rule has been properly exercised by the Court below. The omission to record the reasons must, therefore, be treated as a serious defect. But this provision is only directory and not mandatory, if the reception of such evidence can be justified under the rule.

The reasons need not be recorded in a separate order provided they are embodied in the judgment of the appellate Court. A mere reference to the peculiar circumstances of the case, or mere statement that the evidence is necessary to pronounce judgment, or that the additional evidence is required to be admitted in the interests of justice, or that there is no reason to reject the prayer for the admission of the additional evidence, is not enough compliance with the requirement as to recording of reasons.

Stage of consideration:

An application under Order XLI Rule 27 CPC isto be considered at the time of hearing of appeal on merits so as to find whether the documents and/or the evidence sought to be adduced have any relevance/bearing on the issues involved.

The admissibility of additional evidence does not depend upon the relevancy to the issue on hand, or on the fact, whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not the Appellate Court requires the evidence sought to be adduced to enable it to pronounce judgment or for any other substantial cause. The true test, therefore is, whether the Appellate Court is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced. Such occasion would arise only if on examining the evidence as it stands the court comes to the conclusion that some inherent lacuna or defect becomes apparent to the Court.

 Thus, from the above, it is crystal clear that application for taking additional evidence on record at an appellate stage, even if filed during the pendency of the appeal, is to be heard at the time of final hearing of the appeal at a stage when after appreciating the evidence on record, the court reaches the conclusion that additional evidence was required to be taken on record in order to pronounce the judgment or for any other substantial cause. In case, application for taking additional evidence on record has been considered and allowed prior to the hearing of the appeal, the order being a product of total and complete non-application of mind, as to whether such evidence is required to be taken on record to pronounce the judgment or not, remains inconsequential/ inexecutable and is liable to be ignored.

Judgments

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Judgments on production of additional evidence in appellate court

 Code of Civil Procedure

107. Powers of Appellate Court.

O41 R 27. Production of additional evidence in Appellate Court.

Judgments

(a) In Arjan Singh V. Kartar Singh & Ors., AIR 1951 SC 193, the Apex Court held that the said provisions are applicable when some inherent lacuna or defect becomes apparent while examining the case and are not applicable where a discovery is made outside the Court of fresh evidence and application is made to import it. The true test to allow the application is as to whether the appellate court is able to pronounce judgment on the material before it without taking into consideration the additional evidence sought to be adduced. While deciding the said case, the Supreme Court placed reliance upon two judgments of the Privy Council in Kessowji V. G.P.P. Railway, 1934 Ind. App. 115; and Parsotim Thakur & Ors. V. Lal Mohar Thakur & Ors., AIR 1931 PC

Further in Arjan Singh case (Supra) “………If the additional evidence was allowed to be adduced contrary to the principles governing the reception of such evidence, it would be a case of improper exercise of discretion, and the additional evidence so brought on the record will have to be ignored and the case decided as if it was non-existent……. The order allowing the appellant to call the additional evidence is dated 17.8.1942. The appeal was heard on 24.4.1942. There was thus no examination of the evidence on the record and a decision reached that the evidence as it stood disclosed a lacuna which the court required to be filled up for pronouncing the judgment”

 

(b) In State of U.P. V. Manbodhan Lal Srivastava, AIR 1957 SC 912, the Constitution Bench of the Supreme Court held that “additional evidence” should not be permitted at the appellate stage in order to enable one of the parties to remove certain lacuna in presenting its case at proper stage and to fill in gaps. Of course, the position is different where the appellate court itself requires certain evidence to be adduced in order to enable it to do justice. The Court held that additional evidence should not be permitted to be adduced when there was sufficient opportunity for the party to place the same before the court below.

(c) In Sunder Lal & Son V. Bharat Handicrafts Private Ltd., AIR 1968 SC 406, while dealing with a similar issue, the Supreme Court observed as under:- “Where the Appellate Court requires any document to be produced or witnesses to be examined to enable it to pronounce judgment, or for any other substantial cause, the Court may allow such document to be produced or witnesses to be examined. We do not require additional evidence to be produced in this case to enable us to pronounce judgment, nor do we think that any substantial cause is made out which would justify an order allowing additional evidence to be led at this stage. The document relied upon was admittedly in the possession of the appellants, but they did not rely upon it before the High Court. It was said at the Bar that the importance of the document was not realized by those in charge of the case. We do not think that the plea would bring the case within the expression “other substantial cause” in O. 41, R. 27 of the Code of Civil Procedure.”

(d) In Premier Automobiles Ltd., Bombay V. Kabirunisha & Ors., AIR 1991 SC 91, the Apex Court held that in case the applicant party satisfies the Court regarding the importance of additional evidence it wants to adduce and explain the circumstances, which prevented it from producing before the trial stage, the application may be allowed.

(e) In Billa Jagan Mohan Reddy & Anr. V. Billa Sanjeeva Reddy & Ors., (1994) 4 SCC 659, the Supreme Court held that if the documents are found to be relevant to decide the issue in controversy, and feels that interest of justice requires that the documents be received, as additional evidence, the appellate court may receive the documents and consider their effect.

(f) In Jayaramdas & Sons V. Mirza Rafatullah Baig & Ors., AIR 2004 SC 3685, the Court held that it would be better if such grounds are specifically set out in the application so that opposite party may better make the plea and Court may also have the relevant provisions of the specific clause of Rule 27 (1) in its mind while dealing with the application. However, in case the ends of justice demand documents if being material bearing on the crucial issue, arisen for decision between the parties, be allowed.

(g) In Soonda Ram & Anr. V. Rameshwarlal & Anr., AIR 1975 SC 479, the Supreme Court considered the case under the said provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 and held that if the issue can be decided on the basis of the evidence on record and there was no defect in the pleadings of such a nature that would enable the Court to obliterate and ignore the evidence adduced on the points involved, the application under O. 41 R. 27 should not be allowed.

(h) In Syed Abdul Khader V. Rami Reddy & Ors., AIR 1979 SC 553, the Supreme Court considered its large number of earlier judgments and held that the provisions of O.41 R. 27 of the Code do not confer a right on the party to adduce additional evidence, but if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evidence to be adduced and in case the appellate court has given cogent reasons on such application and order has been passed in the interest of justice, it does not require any interference.

(i) In Smt. Pramod Kumari Bhatia V. Om Prakash Bhatia & Ors., AIR 1980 SC 446, the Supreme Court held that there can be no justification to entertain the application under O. 41 R. 27 at a belated stage and it deserves to be rejected on this count alone.

(j) In M.M. Quasim V. Manohar Lal Sharma, AIR 1981 SC 1113, the Supreme Court held that the said provisions are meant for adducing additional evidence “inviting the Court’s attention to a subsequent event of wide importance cutting at the root of the plaintiff’s right to continue the action.”

(k) In Shivajirao Nilangekar Patil V. Dr. Mahesh Madhav Gosavi, AIR 1987 SC 294, the Apex Court held that if the application unnecessarily prolongs the disposal of the case and not directly connected with the immediate issue, it deserves rejection. Party filing such an application has to establish with his best efforts that such additional evidence could not have been adduced at the first instance; secondly, the party affected by the admission of additional evidence, should have an opportunity to rebut such evidence; and thirdly, the additional evidence was relevant for determination of the issue.

(l) In N. Kamalam (Dead) & Anr. V. Ayyasamy & Anr., (2001) 7 SCC 503, the Supreme Court held as under:- “Needless to record that the Court shall have to be conscious and must always act with great circumspection in dealing with the claims for letting in additional evidence, particularly in the form of oral evidence at the appellate stage and that too, after a long lapse of time. In our view, a plain reading of O. 41 R. 27 would depict that rejection of the claim for production of additional evidence after a period of ten years from the date of filing of the appeal, as noticed above, cannot be permitted to be erroneous or an illegal exercise of discretion. The three limbs of Rule 27 do not stand attracted.”

(m) In Vasantha Viswanathan & Ors. V. V.K. Elayalwar & Ors., (2001) 8 SCC 133, the Supreme Court observed that while considering an application for additional evidence, the Court should keep in mind that the said evidence was not put to the other side while he was deposing as a witness in the Suit. Therefore, the application under the said provisions should not be accepted in a routine manner.

(n) In P. Purushottam Reddy V. Pratap Steel Ltd., AIR 2002 SC 771, the Apex Court examined a case, wherein the High Court had remanded the case to the trial Court to take additional evidence and decide the case afresh. The Court came to the conclusion that such a view was not permissible in the fact situation of that case; thus, the order of remand was set-aside observing as under:-

“........Although the order of remand has been set-aside..... yet it should not be understood as depriving the High Court of its power to require any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, within the meaning of Clause (b) of Sub-rule (1) of Rule 27 of Order 41. That power inheres in the Court and the Court alone which is hearing the appeal. It is the requirement of the Court (and not of any of the parties) and the conscience of the Court feeling inhibits in satisfactory disposal of the lis which rule the exercise of this power.”

Additional evidence in appeal is to be taken strictly in accordance with the statutory provisions of Order 41 Rule 27 Code of Civil Procedure and not otherwise.

(o) In Basayya I. Mathad V. Rudrayya S. Mathad & Ors., (2008) 3 SCC 120, the Apex Court held that additional evidence cannot be produced before the Appellate Court as a matter of right or in a routine manner. In order to adduce additional evidence, the parties are bound to satisfy the conditions stated in Order 41 Rule 47 and the Appellate Court must record reasons for admission of additional evidence.

(p) In North Eastern Railway Administration, Gorakhpur V. Bhagwan Das (D) by L.Rs., AIR 2008 SC 2139, the Court held that additional evidence is permissible at appellate stage if Court requires it to pronounce judgement or is necessary for giving judgment in more satisfactory manner. The appeal court must take the IA under Order 41 Rule 27 along with the appeal and not independently

(q) In K.R. Mohan Reddy V. M/s. Net Work Inc. Rep. Tr. M.D., AIR 2008 SC 579, the Supreme Court held that application under Order 41 Rule 27 should not be allowed so as to patch up the weakness of the evidence of the unsuccessful party before the trial Court, rather it will be different if the Court itself require the evidence to do justice between the parties. The ability to pronounce judgment is to be understood as the ability to pronounce judgment satisfactorily to the mind of the Court. But mere difficulty in pronouncing the judgment is not sufficient to issue such direction.

(r) In Anupam Gupta V. Sumeet Gupta, (2009) 1 SCC 254, the Apex Court held that while considering the application for adducing additional evidence the Court may not pass an unreasonable order. The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order XLI Rule 27 CPC enables the Appellate Court to take additional evidence in exceptional circumstances. The Appellate Court may permit additional evidence only and only if the conditions laid down in this rule are found to exist. The parties are not entitled, as of right, to the admission of such evidence. Thus, provision does not apply, when on the basis of evidence on record, the Appellate Court can pronounce a satisfactory judgment. The matter is entirely within the discretion of the court and is to be used sparingly. Such a discretion is only a judicial discretion circumscribed by the limitation specified in the rule itself.

(s) In Parsotim Thakur & Ors. V. Lal Mohar Thakur & Ors., AIR 1931 PC 143, it was held: “The provisions of S.107 as elucidated by O.41, R.27 are clearly not intended to allow a litigant who has been unsuccessful in the lower Court to patch up the weak parts of his case and fill up omissions in the Court of appeal. Under R.27, Cl.(1) (b) it is only where the appellate Court “requires” it (i.e. finds it needful). …… The legitimate occasion for the exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but “when on examining the evidence as it stands, some inherent lacuna or defect becomes apparent”, it may well be that the defect may be pointed out by a party, or that a party may move the Court to apply the defect, but the requirement must be the requirement of the court upon its appreciation of evidence as it stands. Wherever the Court adopts this procedure it is bound by R. 27(2) to record its reasons for so doing, and under R.29 must specify the points to which the evidence is to be confined and record on its proceedings the points so specified. The power so conferred upon the Court by the Code ought to be very sparingly exercised and one requirement at least of any new evidence to be adduced should be that it should have a direct and important bearing on a main issue in the case…” (Emphasis added)

 

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Mahavir Singh & Ors. V. Naresh Chandra & Anr

Code of Civil Procedure

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.

Code of Civil Procedure

107. Powers of Appellate Court.

O41 R 27. Production of additional evidence in Appellate Court.

Natha Singh V. Financial Commissioner Taxation

 Code of Civil Procedure

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.

Code of Civil Procedure

O41 R27. Production of additional evidence in Appellate Court.

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