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TMI Blog2002 (11) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... nts which was allowed. Aggrieved by the said order, the petitioners/plaintiffs filed the present civil revision petition. 3. Learned counsel Mr. Godwin appearing for the petitioners submits as follows:- Out of seven documents sought to be filed, gift deed dated 4.3.1985 executed by Nesayyan Nadar in favour of Dhaya Poomkamazh was already filed as Ex.A10 before the Trial Court and the Hypothecation Deed dated 3.9.1979 executed by Jebamony in favour of Anna Sinka Pukazb was not relating to the subject matter of the appeal and the remaining five documents are relating to the period after the disposal of the suit. The Trial Court, without considering the above said facts has mechanically allowed the I.A. 4. Learned counsel Mr. Rajan ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court that such evidence notwithstanding the exercise of due diligence, was not within his knowledge or could not be produced by him at or before the time when the decree under appeal was passed, or (c.) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission. On three contingencies laid down under Rule 27, the appellate court can admit additional evidence in appeal viz., (1) Trial Court refused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate court departs from the general rule especially where, by so doing, it can shorten the litigation and best attain the ends of justice. Its power is subject to the condition that it cannot be exercised so as to disturb the settled or completed transactions or the vested rights which the legislature did not intend to interfere with. 9. In this case, the petitioners herein canvassed before the appellate court that the documents were created after the judgment and decree was passed by the Trial Court. The details of the documents sought to be produced by the respondent were also brought to the notice of the appellate court that they were well after passing the decree. Out of seven documents, one document was marked as Ex.A10 before th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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