Additional Evidence in Appeal stage

Order 41 Rule 27 of CPC

Production of Additional evidence in the Appellate stage:

“The parties to an appeal shall not entitled to produce additional evidence (oral or documentary) in the appellate court;

BUT

If the lower court refused such evidence, the Appellate Court may allow it; (or)

If the party establishes that such evidence was not within his knowledge, the Appellate Court may allow it; (or)

If the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, the Appellate Court may allow it.

Whenever additional evidence is allowed to be produced, the court shall record the reason for its admission.