Additional Evidence – Appellate court can suo motu receive additional evidence either oral or documentary – For pronouncing a satisfactory judgment: CPC 1908, 0.41 R. 27

In the instant case, the fundamental question was whether document granting patta was a true document or a forged document.

The Trial Court had held the same to be a genuine document because the other registers were not produced before it. Only to resolve this issue and the additional issue as to whether the plaintiff had got title to 1000 sq. ft. of land, the truthfulness of the document had to be ascertained and without ascertaining this fact, the Court cannot pronounce a satisfactory judgment. Thus, for pronouncing a satisfactory judgment, the oral evidence of witness and the documentary evidence are absolutely necessary. In the absence of the same, the High Court cannot pronounce a satisfactory judgment. When forgery is alleged, the additional evidence was absolutely required in order to find out the truth.

There is no prohibition for the Court to go into the question of facts, provided the Court is satisfied that the findings of the Courts below were vitiated by non-consideration of relevant evidence or by showing erroneous approach to the matter and findings recorded by the Court below are perverse.

So far as the phrase “to enable it to pronounce judgment” as expressed in Sub-Rule 1(b) of C.P.C. is concerned, the true test is as to whether in the absence of the additional evidence sought to be adduced whether the Court would be in a position to pronounce the judgment from the other materials already available on record or not. If the Court finds that in the absence of the additional evidence sought to be produced (either oral or documentary), the Court could effectively and satisfactorily adjudicate upon the issues so as to pronounce a satisfactory judgment then, the Appellate Court shall not receive additional evidence either oral or documentary.

Additional evidence, whether oral or documentary, can be received by the appellate Court either at the instance of the parties as provided in Sub-Rules (1)(a) and (1)(aa) or suo motu by the Court as provided in Sub-Rule (1)(b) provided any one of the contingencies enumerated in Sub- Rule 1(b) exists impelling the Appellate Court to receive such additional evidence, both oral and documentary. To exercise the power to receive additional evidence under Sub-Rule (1)(b), it is not at all necessary that a party to the appeal should make an application. What is required is the satisfaction of the Appellate Court that the additional evidence is required either for pronouncing the judgment satisfactorily or for any other substantial cause.

Thus, it was held that the court is fully empowered to receive additional evidence at the Second Appeal stage.