O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope-Order XLI, R. 27, C.P.C. provided that Appellate Court could allow a party to............

 2019 CLC 1566

O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope---Order XLI, R. 27, C.P.C. provided that Appellate Court could allow a party to lead additional evidence in case request for producing such evidence was made before the Trial Court but said court did not allow the same or the said evidence was required for just decision of the matter by the Appellate Court.

O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope---Petitioner sought permission to lead additional evidence by referring the matter to expert for comparison of thumb impression of respondent with the ones available on original mutation---Appellate Court dismissed the application for production of additional evidence---Validity---Petitioner had neither averred in her written statement for comparison of the thumb impression nor during the trial she had made any request---Appellate Court had not required the said evidence to be produced in evidence to enable it to "pronounce judgment" and no substantial cause had been pleaded by petitioner to produce such evidence at the appellate stage---Grounds provided under O. XLI, R. 27, C.P.C. had not been established by petitioner---Allowing or disallowing the said application was discretionary with the Appellate Court and discretion exercised by the court of competent jurisdiction could not be called in question in constitutional jurisdiction---Petitioner had to wait for decision of final appeal before calling in question the order passed by Appellate Court refusing to allow additional evidence---Constitutional petition, being premature, was dismissed.