Tuesday, 10 March 2020

Whether appellate court can reject application for filing of additional documents at initial stage?

 A perusal of the order passed by the first Appellate Court on 4th November, 2016 on the application filed by the defendant no. 2 under Order 41 Rule 27 indicates that the said application is rejected on the ground that the defendant no. 2 had not exercised due diligence and had not satisfied the conditions prescribed under Order 41 Rule 27 of the Code of Civil Procedure. The fact remains that the Appellate Court rejected the said application at the threshold and not while hearing the appeal filed by the defendant no. 2 finally. The Supreme Court in case of Union of India vs. Ibrahim Uddin and another (supra) has considered this issue and has held that the application filed under Order 41 Rule 27 has to be decided at the stage of final hearing and at that stage, if the Appellate Court comes to the conclusion that the case under Order 41 Rule 27 of Code of Civil Procedure was made out, the appeal court permit the appellant to produce the additional evidence documents. In my view, the order passed by the Appellate Court on 4th November, 2016 rejecting the application filed by the defendant no. 2 under Order 41 Rule 27 at the threshold is contrary to the principles of law laid down by the Supreme Court in case of Union of India vs. Ibrahim Uddin and another (supra) and thus deserves to be set aside.

IN THE HIGH COURT OF BOMBAY

Second Appeal No. 267 of 2018 and Civil Application No. 592 of 2018 in Second Appeal No. 267 of 2018

Decided On: 16.08.2019

Rajkumar Chaganlal Shah Vs.  Gunmala Chandrakant Shah and Ors.


Hon'ble Judges/Coram:
R.D. Dhanuka, J.

Citation: 2020(2) MHLJ 74.
Read full judgment here: Click here
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