O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court. However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed, “Normally an appellate court should not allow additional evidence to be produced and decide an appeal on the basis of the material on record…yet said Order 47 Rule proceeds to carve out an exceptions and enumerates the circumstances in which an appellate court can permit leading of additional evidence under clause, or of sub rule of Rule 27” Background: The case, originating from a dispute over land ownership in Jammu, involved petitioners seeking the quashing of an order passed by the appellate court. They sought to challenge the appellate court's decision to dismiss their application to introduce additional evidence in the appeal filed against the judgment and decree of the trial court. Examining the provisions of Order 41 Rule 27 of the CPC, the court explained that the said provision lays down three circumstances when an appellate court can permit additional evidence.