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Documents citing Shri Naresh Chandra And Anr. vs Shri Mahavir Singh And Ors. on 12 July, 2000

Smt.Shahjahan vs Hanif Ahmad on 10 August, 2017

Therefore, when the first appellate court did not find the necessity to allow the application, we fail to understand as to how the High Court [Naresh Chandra v. Mahavir Singh, 2000 SCC OnLine P&H 610 : (2001) 2 ICC 273] could, in exercise of its power under Section 115 CPC, have interfered with such an order, particularly when the whole appeal is not before the Court. It is only in the circumstances when the appellate court requires such evidence to pronounce the judgment the necessity to adduce additional evidence would arise and not in any other circumstances. When the first appellate court passed the order on the application filed under Order 41 Rule 27 CPC, the whole appeal was before it and if the first appellate court is satisfied that additional evidence was not -( 9 )- SA No. 592/2011 required, we fail to understand as to how the High Court could interfere with such an order under Section 115 CPC."
Madhya Pradesh High Court Cites 15 - Cited by 0 - S K Awasthi - Full Document

Sri Ratan Kumar Majumder vs Sri Subhas Majumder & Anr on 19 January, 2023

From the said judgment it is clear that it is only in the circumstances when the appellate court requires the additional evidence for pronouncing judgment, the prayer for adducing evidence would be allowed. Here for the pronouncement of judgment by the appellate court what is required to be ascertained by the appellate court, is the appellant/plaintiff's possession in the property and for that purpose whether he is entitled to get injunction or not. In this context, it can be said that though it is the general rule that the appellate court should not travel outside the record of the lower court and cannot take any evidence in appeal and order permitting the appellant to adduce additional evidence is allowed only in exceptional 8 cases but the true test is whether the documents which are sought to be proved has a direct and important bearing on the real controversy in the suit and whether or not the appellate court requires the additional evidence so as to enable it to pronounce judgment.
Calcutta High Court (Appellete Side) Cites 7 - Cited by 0 - Full Document
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