AIR 2011 SUPREME COURT 559 ::2011 AIR SCW 264 ::(2011) 1 CLR 61 (SC) ::(2011) 3 CivilCourtC 655 ::(2011) 1 Mad LW 135 ::2010 (13) SCC 487 ::(2010) 11 Scale 614 ::AIR 2011 SC (Civil) 159 ::(2011) 1 Cal HN 130 ::(2011) 3 ICC 793 ::(2011) 2 Mad LJ 635 ::(2010) 4 Ker LT 647 ::(2011) 2 Raj LW 1296

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan , JJ

Civil P.C. (5 of 1908) , O.41 R.27— Application for reception of additional evidence - Duty of appellate court - Separate application filed under O.41, R.27 by both sides - It would be incumbent on part of appellate court to consider same on merits. MFA No. 537 of 1995, D/-31-5-2002 (Ker), Reversed. When an application for reception of additional evidence under Order 41, Rule 27 of CPC is filed by the parties, it is the duty of the High Court to deal with the same on merits. Thus, if any petition is filed under Order 41, Rule 27 in an appeal, it is incumbent on the part of the appellate Court to consider at the time of hearing the appeal on merits so as to find out whether the documents or evidence sought to be adduced have any relevance/bearing in the issues involved. In the light of the separate application filed under Order 41, Rule 27 of CPC for reception of additional evidence by both sides, it is for the High Court to consider and take a decision one way or other as to the applicability of the same and decide the appeal with reference to the said conclusion.