pendency of the
said appeal, he preferred an application under Order XLI Rule 27 of the
Code of Civil Procedure 1908 (hereinafter called ... moving an application under Order VI Rule 17 CPC .
60. Relevant part of the application under Order XLI Rule 27 CPC ,
reads as under
admit such evidence in cases
where this rule does not apply. Order XLI, Rule 27 CPC
envisages certain circumstances when additional evidence can
be adduced ... When the first appellate court
passed the order on the application filed under Order XLI,
Rule 27 CPC , the whole appeal was before
under Order 41 Rule 27 of the CPC . All the
three applications filed by the Defendant/Appellant-RSM
under Order 41 Rule 27 ... applications under
Order XLI Rule 27 of CPC by the respondent/defendant. For
that, as per Rule 25 of Order XLI
produce
additional documents is clause (b) of sub-rule (1) of Rule 27 of Order
XLI of the CPC . This is because the case ... Order XLI Rule 1 of the CPC are clearly
distinguishable from pleadings in the original Court under Order VI
Rule
appeal,
the plaintiff-appellant filed an application under Order XLI Rule 27 of CPC
for production of pass books and the statement of bank accounts ... juncture, it is necessary to clarify that sub-rule (1)(a) of Order
XLI Rule 27 is not attracted to the case at hand inasmuch
filed under Order XXVI Rule 9 of the Civil Procedure Code cannot be equated to the application filed under Order XLI Rule 27 ... filed only under Order XXVI Rule 9 of the Civil Procedure Code and not under Order XLI Rule 27 of the Civil Procedure Code
APPLICATION - I.A.2/2007 FILED BY THE
APPELLANT UNDER ORDER XLI RULE 27 R/W SECTION 151
OF CPC , PRAYING TO PERMIT ... defendant/appellant has preferred I.A.2
under Order XLI Rule 27 of CPC praying leave of this
court to produce certain additional documents
XLI, Rule 27, it has been held by the Supreme Court in K. Venkatwramiah v. Seetharama Reddy , that under Rule 27(1) of Order XLI ... second appeal to admit additional evidence or ruling out the applicability of Order XLI, Rule 27, Civil Procedure Code to a second appeal.
9. Another
justified, in view of the settled principle under Order XLI Rule 27 of CPC
on the ground that additional evidence cannot be permitted to fill ... made out for permitting additional evidence on
settled principles under Order XLI Rule 27 of CPC . The
provision is reproduced below:-
"27. Production
court has been conferred power to take additional evidence under Order XLI Rule 27 of the CPC . Mode of taking additional evidence has been given ... first time in appeal without adopting recourse of Order XLI Rule 27 CPC . In case the appellant want to add new plea or rely upon
