Supreme Court of India

Union of India v Ibrahim Uddin

(2012) 8 SCC 14820121 min read
The case in brief30-second read
Facts
In an appeal arising from a suit about land, a party relied on additional evidence produced in the appellate court.
Issue
When an appellate court may admit additional evidence under O.XLI R.27 CPC.
Held
The general rule is that the appellate court decides on the evidence recorded by the trial court. Additional evidence may be admitted only on the grounds in O.XLI R.27, with reasons recorded. The rule cannot be used to let a party fill up gaps or patch up the weak parts of its case, and the appellate court must first find that it requires the evidence.
Principle
Additional evidence in appeal is an exception, allowed only on the grounds in O.XLI R.27 with recorded reasons.
Cite this

Facts

  • In an appeal arising from a suit about land, a party relied on additional evidence produced in the appellate court.

Issue

  1. When an appellate court may admit additional evidence under O.XLI R.27 CPC.

Held

  • The general rule is that the appellate court decides on the evidence recorded by the trial court. Additional evidence may be admitted only on the grounds in O.XLI R.27, with reasons recorded. The rule cannot be used to let a party fill up gaps or patch up the weak parts of its case, and the appellate court must first find that it requires the evidence.

Cite this

Citation

Union of India v Ibrahim Uddin (2012) 8 SCC 148

Reported: https://indiankanoon.org/doc/61939581/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.