- Additional evidence , recording of --- Scope --- Ordinarily , at the stage of civil revision there is no question of recording additional evidence , .......

PLD 2023 SC 643

 Revisional jurisdiction of the High Court --- Additional evidence , recording of --- Scope --- Ordinarily , at the stage of civil revision there is no question of recording additional evidence , but there may be exceptional cases where , in the interest of justice and if so required by the court to enable it to adjudicate on the matter , the court may order that such additional evidence should be recorded --- In exceptional cases depending on . the facts and circumstances , a court exercising revisional jurisdiction may record clarificatory statement or admit evidence in any other form , in order to determine whether the lower court had acted illegally or with material irregularity , so as to attract clause ( c ) of section 115 ( 1 ) of the C.P.C .--- Where in a case falling under section 115 ( 1 ) ( c ) of the C.P.C. , it has been established that the appellate court had exercised its jurisdiction illegally or with any material irregularity then the scope of additional evidence is not excluded --- Additional evidence can , therefore , be admitted in exceptional cases and to rectify the error where the court had acted illegally or with material irregularity in the exercise of its jurisdiction , and justifiably fell within the four corners of the power vested in the High Court under section 115 of the C.P.C.

Powers of Appellate Court to allow additional evidence --- Scope --- Power under Order XLI Rule 27 of the C.P.C. is not intended to be exercised to fill up lacunas , or to make up any deficiency , in the case , nor to provide an opportunity to the party to raise a new plea --- Said power essentially has to be exercised cautiously and sparingly and not to facilitate an indolent litigant --- Court before exercising its jurisdiction of allowing the recording of additional evidence , must be satisfied that the document sought to be adduced in evidence is not of the nature that could be easily fabricated , tampered or manufactured .

PLD 2023 SC 643