A Study On The Discretionary Powers Of The Appellate Court In Allowing Additional Evidence To Be Adduced At The Appellate Stage
Sandra Lisa Philip, Symbiosis Law School, Hyderabad
ABSTRACT
The appellate court’s discretionary powers in permitting extra evidence to be presented at the appellate stage are discussed in Order 41 Rule 27 of the Code of Civil Procedure. In principle, the Appellate Court should not permit extra evidence for the function of deciding an appeal, and the parties are not authorized to deliver further evidence in the appellate court, whether verbal or documented. However, under this regulation, the Code allows an appellate court to receive extra evidence if specific requirements are met. This power is flexible, and it must be employed in the interests of justice and in accordance with unblemished judicial doctrines. Additional evidence does not indicate evidence presented in addition to that presented by the party in the subordinate court. With respect to the types of matters that are dealt with, the appellate court's discretionary power has undergone significant judicial breakthroughs and expansion. The proposal of extra evidence in the appellate court is up to the approval of certain conditions, which have seen tremendous progress with the onset of more cases where the parties wanted to bring in additional evidence later in the proceedings. However, these exceptions are subject to the duties of the parties to the proceedings, wherein any negligence from their side or failure of a certain duty on the part of the court may or may not invoke the rights to produce extra evidence, which is also subject to a certain test, all of which will be covered by the author in this paper in order to reach recommendations and conclusions on the subject.
Keywords: Appellate court, Order 41 Rule 27, additional evidence, discretionary, rights, power
