Orissa High Court: The Bench of Dr A.K. Rath, J. allowed the application filed for challenging the order of the District Court whereunder the appellate court rejected the application of the petitioner-appellant under Order 41 Rule 27 CPC to admit five documents as additional evidence.
The facts of the case are that plaintiff-petitioner instituted a Civil Suit praying for damages. The suit was dismissed. The application under Order 41 Rule 27 CPC to admit five documents as additional evidence was filed during pendency of the appeal. The respondents-opposite parties objected to the same. The appellate court rejected the application. Mr. Prasanna Kumar Parhi, counsel for the petitioner submitted that the appellate court was not justified in rejecting the said application before hearing of the appeal.
The Court relying on the case of Sankar Pradhan v. Premananda Pradhan, 2015 (II) CLR 583 held that the legitimate occasion for the exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but “when on examining the evidence as it stands some inherent lacuna or defect becomes apparent.” The petition was thus allowed. [Gopal Krushna Panda v. Utkal Grameen Bank, 2019 SCC OnLine Ori 34, Order dated 28-01-2019]