Parsotim Thakur vs Lal Mohar Thakur on 26 March, 1931
On the day the learned Subordinate Judge took up the appeals for hearing, an application was made on behalf of Sitamma for the admission of two plain paper and unregistered wills in evidence, supported by the affidavit of someone purporting to be her agent, one will dated 29-12-1890 purporting to be by Venkataramiah bequeathing all his property absolutely to his wife, and the other will dated 18-3-1932 purporting to be by Rukminiamma bequeathing all her property absolutely to Sitamma. The learned Subordinate Judge proceeded to consider these two documents and without even giving time to the respondent's advocate to file a counter, adopted a curious procedure. The only provision under which an appellate Court can admit further evidence in appeal is, as the learned Subordinate Judge himself felt, Order 41, Rule 27. Finding some difficulty in applying the provisions of this order in view of the Privy Council decisions - 'Parsotim Thakur v. Lal Mohar Thakur', AIR 1931 PC 143 (A) and - 'Mahomed Akbar Khan v. Mt. Motai', AIR 1948 PC 36 (B) which clearly restricted the powers at an appellate Court to admit further evidence under Order 41, Rule 27(1)(b) to the strict confines of that section, the learned Subordinate Judge got over his difficulty in the following manner shown in this extract from, his judgment: