2002 (11) TMI 811 - HC - Indian Laws

Summary

Issues:
Partition suit decree challenged in appellate court - Admissibility of additional evidence under Order 41 Rule 27 CPC.

Analysis:

The plaintiffs, who are the petitioners in this case, filed a suit for partition which was decreed by the Trial Court. The defendants/respondents filed an appeal before the Sub Court and sought to produce seven additional documents through an application under Order 41 Rule 27 and sec. 151 CPC. The petitioners challenged this decision through a civil revision petition.

The petitioners argued that out of the seven documents, one was already filed before the Trial Court, one was not relevant to the appeal, and the remaining five were post-suit disposal documents. They contended that the Trial Court mechanically allowed the application without considering these facts.

On the other hand, the respondents argued that due to their father's illness during the trial, they couldn't produce the documents earlier. They claimed it was necessary to introduce the documents as additional evidence post their father's demise, and the Trial Court rightly allowed it.

The appellate court can admit additional evidence in appeal under Rule 27 if certain conditions are met. However, in this case, the documents sought to be marked were mostly related to the period after the Trial Court's decree. It is crucial that additional evidence should not be permitted to fill gaps in presenting a case or to introduce new facts post the Trial Court's decision.

The court emphasized that generally, appellate courts should base their judgments on facts available at the time of the lower court's decision. Exceptions can be made to expedite justice, but not to disturb settled transactions or vested rights. In this case, the appellate court failed to consider the post-decree nature of the documents and mechanically allowed their admission without proper justification.

Consequently, the court set aside the appellate court's order, allowing the civil revision petition with costs. The appellate court was directed to dispose of the appeal within six months from the date of the order, considering the circumstances of the case.