9911796707
TMI Blog2022 (3) TMI 1490X X X X Extracts X X X X X X X X Extracts X X X X ..... 41 Rule 27 CPC for additional evidence to bring on record the sale deeds and certified copy of the judgment and award passed by the Reference Court which, according to the appellant, would have a direct bearing on the determination of the fair market value of the acquired land. The High Court has rejected the said application by observing that the application does not satisfy the requirement of Order 41 Rule 27 read with Section 96 of the CPC. It is true that the general principle is that the appellate court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order 41 Rule 27 CPC enables the appellate court to take additional evidence in exceptional circumstances. It m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in original claimant, the original claimant has preferred the present appeal. 2. Notification under Section 4 of the Land Acquisition Act, 1894 (for short, 1894 Act ) was issued proposing to acquire the land of the original land owner vide notification dated 01.10.1980 for public purpose. The Land Acquisition Officer awarded a total compensation of Rs.92,121/- for the entire acquired land. A reference under Section 18 of the 1894 Act at the instance of the land owner being Reference Case No. 36/1989 came to be rejected. 2.1 Feeling aggrieved and dissatisfied with the judgment and award passed by the Reference Court in Reference Case No. 36/1989 refusing to enhance the amount of compensation, the appellant herein original claimant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the acquired land. Therefore, before the High Court, the appellant filed an application under Order 41 Rule 27 CPC for additional evidence to bring on record the sale deeds and certified copy of the judgment and award passed by the Reference Court which, according to the appellant, would have a direct bearing on the determination of the fair market value of the acquired land. The High Court has rejected the said application by observing that the application does not satisfy the requirement of Order 41 Rule 27 read with Section 96 of the CPC. The High Court has also observed that the appellant has failed to establish that notwithstanding exercise of due diligence, such additional evidence was not within his knowledge and could not afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clearly renders it imperative that it may be allowed to be permitted on record, such application may be allowed. Even, one of the circumstances in which the production of additional evidence under Order 41 Rule 27 CPC by the appellate court is to be considered is, whether or not the appellate court requires the additional evidence so as to enable it to pronouncement judgment or for any other substantial cause of like nature. As observed and held by this Court in the case of A. Andisamy Chettiar v. A. Subburaj Chettiar, reported in (2015) 17 SCC 713, the admissibility of additional evidence does not depend upon the relevancy to the issue on hand, or on the fact, whether the applicant had an opportunity for adducing such evidence at an earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the reasons stated above, the present appeal is partly allowed. Order passed by the High Court rejecting IA No. 1384/2019 for adducing additional evidence to bring on record the documents mentioned in the said application is hereby quashed and set aside. IA No. 1384/2019 filed before the High Court for adducing additional evidence under Order 41 Rule 27 CPC is hereby allowed. The appellant herein is permitted to bring on record the documents mentioned in IA No. 1384/2019 as additional evidence. However, as observed and held by this Court in the case of Uttaradi Mutt v. Raghavendra Swamy Mutt, (2018) 10 SCC 484, allowing the application filed under Order 41 Rule 27 CPC does not lead to the result that the additional documents/additional ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
