The provisions of Order 41 Rule 27 have not been engrafted in the Code so as to patch up the weak points in the case and to fill up the omission in the court of appeal it does not authorise any lacunae or gaps in evidence to be filled up. (N. Kamalam v. Ayyasamy ). The appellate court should not, ordinarily, allow new evidence to be adduced in order to enable a party to raise a new point in appeal. (Haji Mohammed Ishaq v. Mohd. Iqbal and Mohd. Ali and Co. ; and Ibrahim Uddin30). The requirement of Order 41 Rule 27 CPC must be limited to those cases where it is found necessary to obtain such evidence for enabling the Court to pronounce judgment. This provision does not entitle the appellate court to let in fresh evidence at the appellate stage where, even without such evidence, it can pronounce judgment in a case. (Lala Pancham26; Ibrahim Uddin30; Lala Pancham26; N. Kamalam32). =CIVIL REVISION PETITION NO.735 OF 2014 08-08-2014 K. Chengalraya Chetty (died) and others..Petitioners Smt.Gomatheeswari.. Respondent = 2014-Aug.Part-http://judis.nic.in/judis_andhra/filename=11807
The provisions of Order 41 Rule 27 have not been engrafted in the Code so as to patch up the weak points in the case and to fill up the omission in the court of appeal it does not authorise any lacunae or gaps in evidence to be filled up. (N. Kamalam v. Ayyasamy ). The appellate court should not, ordinarily, allow new evidence to be adduced in order to enable a party to raise a new point in appeal. (Haji Mohammed Ishaq v. Mohd. Iqbal and Mohd. Ali and Co. ; and Ibrahim Uddin30). The requirement of Order 41 Rule 27 CPC must be limited to those cases where it is found necessary to obtain such evidence for enabling the Court to pronounce judgment. This provision does not entitle the appellate court to let in fresh evidence at the appellate stage where, even without such evidence, it can pronounce judgment in a case. (Lala Pancham26; Ibrahim Uddin30; Lala Pancham26; N. Kamalam32). =CIVIL REVISION PETITION NO.735 OF 2014 08-08-2014 K. Chengalraya Chetty (died) and others..Petitioners Smt.Gomatheeswari.. Respondent = 2014-Aug.Part-http://judis.nic.in/judis_andhra/filename=11807