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Showing posts with label O41 R 27 CPC. Show all posts
Showing posts with label O41 R 27 CPC. Show all posts
Monday, 27 April 2026

Supreme Court: Appellate Courts Must First Examine Pleadings Before Allowing Additional Evidence Under O 41 Rule 27 of CPC

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  In our opinion, before undertaking the exercise of considering whether a party is entitled to lead additional evidence under Order XLI Rul...
Wednesday, 15 April 2026

Supreme Court: Memo of appeal if permitted to be amended would not amount to amendment of original pleading

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Mr. Salve submitted that the bar under Section 25 of the Act must be considered having regard to Section 53 thereof which provides for appli...
Saturday, 11 April 2026

Supreme Court: What are pre-requisites for allowing application for adducing additional evidence in civil appeal as per O 41 R 27 of CPC?

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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 an...
Sunday, 11 November 2018

Whether appellate court can decree suit considering additional evidence without giving opportunity to other side to lead rebuttal evidence?

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 First, it took into consideration the additional piece of evidence while deciding the appeals on merits without affording any opportunity...
Friday, 1 July 2016

When appellate court should allow production of additional evidence as per O41 R27 of CPC?

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This takes us to the next question in relation to the application filed under Order 41 Rule 27 of the Code. In our considered view, the H...