Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence

An Appellate Court has a statutory duty to deal with an Application for Additional Evidence on its merits. Dismissing an appeal without deciding a pending application for additional evidence constitutes a jurisdictional error and results in a severe miscarriage of justice." The bench was hearing the case arising out of a Karnataka High Court's order where the High Court disposed of the Appellant's appeal, without disposing of its application under Order 41 Rule 41 CPC. In terms of the aforesaid, the appeal was allowed, restoring the regular first appeal to the High Court's file for fresh disposal. Ms. Divya Swami, AORRelated: Order XLI Rule 27 CPC | Appellate Courts Must First Examine Pleadings Before Allowing Additional Evidence : Supreme Court