23/10/2022
Additional Evidence
2016 SCMR 2067
O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope---Power of Appellate Court to require any (additional) document or examination of witnesses enabling it to pronounce its judgment did not mean that the Court shall provide a delinquent with a chance to make up for his omission and fill up the lacuna of his case and allow additional evidence particularly in the circumstances when neither in the grounds of appeal a case for additional evidence had been set out nor any independent formal application had been moved for the purposes of producing additional evidence .
Power under the provisions of O. XLI, R. 27, C.P.C. for allowing available additional evidence was not unfettered nor did the Appellate Court have the discretion to allow additional evidence per its own caprice, rather such discretion was structured/limited by the factors enunciated in the said provisions i.e., where the Court from whose decree the appeal had been preferred had refused to admit any evidence which it ought to have admitted.
2016 MLD 840 Lah
O. XLI, R. 27---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Production of additional evidence in Appellate Court---Scope---Trial Court dismissed the suit against which appeal was filed wherein an application for production of additional evidence was moved by the plaintiffs which was accepted by the Appellate Court---Contention of plaintiffs was that documents which were to be produced were not traceable at the time of recording of evidence before the Trial Court---Validity---Sufficient explanation had been put forth by the plaintiffs for not producing the documents during trial---Appellate Court had correctly exercised jurisdiction and had committed no illegality or irregularity---Revision was dismissed in circumstances.
2016 CLCN 36 Lah
O. XLI, R.27---Appeal---Application for production of additional evidence ---Validity---Evidence for determination of point in issue was not required by court---Such application was dismissed in circumstances.
2015 SCMR 58
O. XLI, R. 27---additional evidence before Appellate Court---Supreme Court, jurisdiction of--- Scope--- Authentic documentary evidence consistent with the pleadings and relevant to the findings of the case---additional evidence facilitating resolution of controversy---Such additional evidence was admissible on record in the Appellate Court---Jurisdiction of the Supreme Court to do complete justice between the parties favoured additional evidence to be admitted in order to meet the ends of justice.
2015 MLD 666 Lah
O.XLI, R.27 & O.VII, R.14---additional evidence , production of---Scope---additional evidence could be permitted by the court if same was helpful for the court to decide the matter in issue.
2015 CLC 719 Lah
O. XLI, R. 27---Production of additional evidence in Appellate Court---Scope---Parties to an appeal were not entitled to produce additional evidence whether oral or documentary in the appellate court except when the court from whose decree the appeal was preferred had refused to admit evidence which ought to have been admitted or appellate court required any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial reason---Defendants had not lodged any application for additional evidence before the Trial Court or before the lower Appellate Court in first round of litigation---Proposed documents were not necessary to resolve the real matter in controversy between the parties---Appellate Court had rightly refused the application for additional evidence through a well reasoned order.
2015 YLR 2191 Kar
O. XLI, R. 27---Production of additional evidence , pending appeal---Scope---Party, if not having availed opportunity to produce evidence in Trial Court, could not be allowed at appellate stage to improve upon or fill up lacunas or omissions in his case---Mistaken legal advice or negligence of party or his counsel or un-intentional inadvertence of his counsel to bring evidence on record at proper stage would not be a good cause for allowing additional evidence at appellate stage---Principles.
2015 CLC 54 Kar
O. XLI, R. 27---Production of additional evidence at appellate stage---Object---Wisdom of provisions of O.XLI, R.27, C.P.C. was to provide an adequate opportunity to the parties to adduce additional evidence by producing necessary documents or witnesses which were either not available or could not be produced due to unavoidable circumstances but such production of documents or witnesses was necessary to decide the controversy to meet the ends of justice.
2014 YLR 1350 Lah
O. XLI, R. 27---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Production of additional evidence before the Appellate Court---Scope---Justice at no cost and at no stage would be allowed to fall prey of technicalities which might be ignored if they would tend to create hurdles in the same---Discretion exercised by the Appellate Court was according to settled provisions of law which was neither perverse nor arbitrary---Revision was not maintainable which was dismissed in circumstances---Appellate Court was directed to decide the appeal after requisitioning the relevant record.
2014 MLD 1148 Lah
O. XLI, R. 27---Production of evidence in appellate court---Grounds---additional evidence could be produced on the grounds that the court from whose decree appeal was preferred had refused to admit evidence which ought to have been admitted or the Appellate Court required any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause.
2013 CLC 1655 Pesh
O. XLI, R. 27---Powers of Appellate Court for recording of additional evidence ---Appellate court could exercise suo motu powers for bringing on record additional evidence and even in exceptional cases such power was allowed to be exercised at revisional stage---additional evidence should have been a direct, and important bearing on the main issue in the case and that too to prevent miscarriage of justice, however, such power could not be exercised where the disputed document was not relied upon or tendered in the trial court.
2013 CLC 1054 Lah
O. XLI, R. 27---additional evidence , production of---Scope---Such evidence could be allowed, if court itself required same for reaching at right conclusion of case.
2013 CLC 1789 Kar
O. XIII, R. 2---Production of additional evidence at subsequent stage of proceedings---Object and Scope---Rationale behind O.XIII, R.2, C.P.C. was to prevent fraud and not penalize parties for non-production of documents and in such regard, there was no hard and fast rule but the matter was left open to the discretion of the court to decide on the same based upon sound judicial principles depending upon the facts and circumstances of each case---If there was no doubt as to the authenticity of documents sought to be produced, then an application under O.XIII, R.2, C.P.C. ought not to be discarded lightly as rules and procedure were intended to advance the cause of justice rather than to obstruct same---Mere delay in filing of an application under O.XIII, R.2, C.P.C. would not be a reasonable ground or sufficient cause to disentitle the production of such documents/evidence as the same would amount to a negation of O.XIII, R.2, C.P.C. which was especially designed to remedy such a situation---Application for permission to produce documents and/or additional evidence may be filed at any stage when the genuineness of such documents was beyond any shadow of doubt and the same ought not to be shut out of evidence if produced at a later stage.
2012 SCMR 1258
O. XLI, R.27---Appellate Court failing to record additional evidence which is essential for just decision of the case---Effect---Such act on the part of the Appellate Court amounted to exercising jurisdiction illegally and with material irregularity.
2012 CLC 165 Pesh
O. XLI, R. 27---Production of additional evidence at appellate stage---Scope---Party desiring to produce such evidence could be permitted only for specific reasons mentioned in O.XLI, R.27, C.P.C.
PLD 2011 SC 151
Art. 185---Civil Procedure Code (V of 1908), O. XLI, R. 27---additional evidence ---Supreme Court, jurisdiction of---Scope---On the authority / power of Supreme Court to do complete justice and allowing additional evidence , there cannot be any cudgel, however, such power should not be exercised as a matter of course to favour a delinquent litigant, rather than in genuine cases---additional evidence can only be allowed by court when it is in consonance with, and within the scope of pleadings of parties and not otherwise.
2011 YLR 2314 Lah
O. XIII, R.2---Production of document as additional evidence ---Party, to a civil suit, could be permitted to produce additional evidence , when important evidence having a material bearing on the merits of the suit, was subsequently discovered; the document sought to be produced in additional evidence was not in its knowledge; the document was not available with it and that such document was beyond its control---Power to allow evidence was discretionary, circumscribed by the limitation; and it should not be allowed where a party had been grossly negligent--Inadvertence, mistaken legal advice, ignorance of law or negligence of a party, were not grounds for allowing additional evidence.
2009 YLR 125 Lah
O. XLI, R.27---Production of additional evidence ---Application under O.XLI, R.27, C.P.C. for production of additional evidence had been dismissed---Validity---Documents sought to be produced in additional evidence were registered documents and certified copies of 'the Revenue Record and as such were part of public record---Suit was decided after almost nine years and appeal filed was Pending---Since the documents sought to be produced as additional evidence , were part of public record, those were allowed to be produced as additional evidence as there was no possibility of their being tampered with---Appellate Court was directed by High Court to allow the production of documents mentioned in application and decide appeal within specified period.
2009 CLC 420 Kar
O.XLI, R.27(1)---Application for production of additional evidence ---Duty of Court---Court would be bound to record reasons only in case of allowing such evidence, but not otherwise---Principles.
2007 SCMR 1117
---O. XLI, R.27---Production of additional evidence in Appellate Court---Scope---additional evidence would be sought about something which happened to have been omitted by a party during trial---Appellate Court could admit additional evidence , if same would promote ends of justice and would be required for doing complete justice between parties---Question of filing in lacunae would not be of prime importance---Principles.
2007 YLR 2462 Lah
O. XLI, R.27---Application for production of additional evidence ---Not necessary that such application should be decided separately and not along with main appeal.
2006 CLC 1790 Lah
---0. XIII, R.2 & O.XLI, R.27---Production of additional evidence --additional evidence could be allowed at any stage and prayer for the same could not be turned down merely on the ground that same was being made at a belated stage, but before allowing such application, it was a requirement of law that non-production of evidence at the relevant stage must be reasonably explained and unless Court was satisfied that there was sufficient/good cause for non-production of evidence at the appropriate stage in terms of O.XIII, R.2, C.P.C., and that production of such additional evidence at a belated stage was essential to pronounce judgment; or any other sufficient cause within the meanings of O.XLI, R.27, C.P.C., was shown, same could not be allowed to be produced at the whim and desire of the litigant just to enable him to fill up the lecuna.
2005 SCMR 1231
---O.XLI, R.27---Production of additional evidence in Appellate Court could be allowed only in exceptional circumstances---Circumstances explained. The additional evidence can be allowed only in exceptional circumstances in a case in which the evidence required to be brought on record was essential for the just decision of the case and such evidence either was not available or was beyond the reach of the party concerned at the relevant time or if pertaining to the official record was not in his knowledge.
PLD. 2005 Kar 478
----O. XLI, R. 27 & S. 151---Production of additional evidence ---High Court, in the interest of justice and all the parties concerned allowed applications for production of additional evidence so that documents now placed on record may be taken into consideration by High Court to record just and equitable conclusion in respect of controversy involved in the appeals.
PLD 2002 SC 615
----O. XLI, R.27 & S.96---Additional evidence, recording of ---Jurisdiction of High Court in appeal---Filing of application for recording of additional evidence---Requirement---High Court was fully competent under O.XLI, R.27, C.P.C. to direct additional evidence for a just and proper determination of the issue even without application by the parties---Power to allow additional evidence was always discretionary in nature and the exercise of discretion would depend on the facts of each case and as a general rule parties to a lis were not entitled to produce additional evidence but if the Appellate Court required any documents to be produced or any witness to be examined to pronounce judgment or for any other substantial cause, it could always do so after recording reason.
