Case Note & Summary
The petitioner, Mr. Kempaiah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 02-11-2017 passed by the III Additional District and Sessions Judge, Ramanagara, in Regular Appeal No.78/2015. The impugned order allowed an application (I.A. No.II) filed by respondent nos.1 to 3 under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) for production of additional documents. The petitioner contended that the respondents failed to satisfy the conditions precedent for invoking Order XLI Rule 27 CPC, as they did not demonstrate that the documents were not within their knowledge or could not be produced despite due diligence at the trial stage. The respondents argued that the documents were necessary for just adjudication and that the appellate court had discretion to allow additional evidence. The High Court examined the scope of Order XLI Rule 27 CPC and held that the appellate court must record satisfaction that the conditions under the rule are met. The court noted that the impugned order did not contain any such satisfaction and merely allowed the application without proper application of mind. The High Court also observed that the inherent powers under Section 151 CPC cannot be used to bypass the specific requirements of Order XLI Rule 27. Consequently, the writ petition was allowed, the impugned order was quashed, and the matter was remitted back to the appellate court for fresh consideration in accordance with law.
Headnote
A) Civil Procedure Code - Additional Evidence in Appeal - Order XLI Rule 27 CPC - Conditions for Production - The appellate court allowed an application for production of additional documents without the applicant demonstrating that the documents were not within his knowledge or could not be produced despite due diligence. The High Court held that the appellate court failed to record satisfaction as required under Order XLI Rule 27 CPC, and thus the order was liable to be set aside. (Paras 8-12) B) Civil Procedure Code - Inherent Powers - Section 151 CPC - Scope - The inherent powers under Section 151 CPC cannot be invoked to circumvent the specific provisions of Order XLI Rule 27 CPC. The appellate court's reliance on Section 151 to allow additional evidence without satisfying the conditions of Rule 27 was erroneous. (Paras 10-12) C) Constitutional Law - Writ Jurisdiction - Article 227 of the Constitution of India - Supervisory Power - The High Court, in exercise of its supervisory jurisdiction under Article 227, can interfere with an order passed by a subordinate court if it suffers from patent illegality or jurisdictional error. The impugned order allowing additional evidence without proper application of mind was quashed. (Paras 13-14)
Issue of Consideration
Whether the lower appellate court was justified in allowing an application under Order XLI Rule 27 read with Section 151 CPC for production of additional documents without the applicant satisfying the conditions laid down in the said rule.
Final Decision
The writ petition is allowed. The order dated 02-11-2017 passed by the III Additional District and Sessions Judge, Ramanagara, in R.A. No.78/2015 is quashed. The matter is remitted back to the appellate court for fresh consideration of I.A. No.II in accordance with law, after affording an opportunity of hearing to both parties.
Law Points
- Order XLI Rule 27 CPC
- Section 151 CPC
- Article 227 of the Constitution of India
- Additional evidence in appeal
- Conditions for production of additional documents
- Due diligence requirement
