Total Pageviews

Search This Blog

Thursday, 6 October 2011

Additional evidence

C.P.C. -- Rule 27(1)(b) empowers the Appellate Court to give permission for additional evidence if the Court itself requires any document to be produced or any witness to be examined for the purpose of its assistance for coming to a just conclusion and for any other substantial cause -- Even if the documents, namely, jamabandis were within knowledge of the appellants, the Court can always allow it in terms of Order 41 Rule 27(1) (b) of the CPC – Documentary evidence which cannot be created or manufactured for the first time after the decision of the suit i.e. any official document whose authenticity is not in dispute and is capable of assisting the Court to take final decision in respect of the dispute between the parties, such evidence should not normally be disallowed to be taken on record. Gurdial Singh and others v. Mam Chand and others, 2011(1) L.A.R. 579 (P&H).

No comments:

Post a Comment