As a general rule, evidence either oral or documentary is only produced before the trial court. The appellate court usually does not accept additional evidence in order to decide the fate of the appeal. Nevertheless, the code of civil procedures provides under order 41 rule 27 that under certain conditions; additional evidence either oral or documentary may be adduced before the court of appeal.


The appellate court under the above mentioned provision of code of civil procedure has discretionary powers to take additional evidence in the interest of justice. The power given by the code can only be exercised under certain condition and limitations after the application of sound judicial principles.


The basic principles for allowing the litigant to adduce additional evidence at appellate stage are;


  1. The party seeking the permission to produce additional evidence should establish that the proposed evidence could not have been produced before the court of first instance even with the best efforts.


  1. The party affected by the acceptance of additional evidence should be given a fair opportunity to disprove and rebut it.


  • The proposed evidence should be relevant and essential for the determination of the matter.


For allowing application for the production of additional evidence at appellate stage; any one or more of the following conditions should be satisfied;


  1. The court who passed the impugned decree has refused to accept the proposed evidence which ought to have been admitted.


  1. The party seeking admission of additional evidence must establish that despite the exercise of due diligence, the proposed evidence was not within his knowledge or the party could not produce the proposed evidence during the course of trail notwithstanding, the due diligence.


  • The court of appeal itself require the party to produce any document or witness for examination so as to pronounce the judgment or for any other substantial issue necessary for the determination of the matter.


  1. The evidence already recorded is insufficient and unsatisfactory in order to decide the issue.


  1. The power under order 41 rule 17 of the code of civil procedure should be exercise.


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