Case Note & Summary
The appellant, Satish Chand Surana, was the plaintiff in Civil Suit No.30A/2017 before the First Additional District Judge, Balode, seeking specific performance of an agreement dated 26.08.2015 for sale of property. The suit was dismissed ex-parte. The plaintiff appealed to the High Court of Chhattisgarh in F.A. No.433 of 2018. During the appeal, the plaintiff filed an application under Order 41 Rule 27 CPC for production of additional evidence. The High Court dismissed the appeal without considering this application. The Supreme Court held that the High Court erred in ignoring the application for additional evidence. It reiterated that the appellate court should not travel beyond the lower court record except as permitted under Section 107 CPC and Order 41 Rule 27 CPC. The first appellate court, being the last court of facts, must consider such applications properly. The Supreme Court set aside the High Court's judgment and remanded the matter for fresh disposal, directing the High Court to consider the application for additional evidence in accordance with law. The appeal was allowed in part with no order as to costs.
Headnote
A) Civil Procedure - Additional Evidence in Appeal - Order 41 Rule 27 CPC - Section 107 CPC - The appellate court must consider an application for additional evidence before disposing of the appeal; failure to do so results in miscarriage of justice. The High Court dismissed the appeal without deciding the application, which is improper. The matter was remanded for fresh consideration. (Paras 8-10) B) Civil Procedure - Role of First Appellate Court - Last Court of Facts and Evidence - The first appellate court, being the last court of facts and evidence, should permit additional evidence if the explanation is satisfactory and documents are vital. The High Court cannot ignore such an application. (Paras 8-9)
Issue of Consideration
Whether the High Court erred in dismissing the first appeal without considering the appellant's application under Order 41 Rule 27 CPC for production of additional evidence.
Final Decision
The Supreme Court allowed the appeal in part, set aside the High Court's judgment, and remitted the matter to the High Court for fresh disposal in accordance with law, with directions to consider the application for additional evidence. No order as to costs.
Law Points
- Appellate court must consider application for additional evidence before dismissing appeal
- Order 41 Rule 27 CPC
- Section 107 CPC
- First appellate court is last court of facts and evidence
