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Criminal Procedure Code QUESTION #9516
Question 1
A sues B for recovery of land, claiming title by adverse possession. The suit is dismissed by the trial Court. A appeals and the appellate Court, while hearing the appeal, discovers fresh documentary evidence strongly supporting A's title which was not produced at trial. Can the appellate Court admit this evidence?
  • Yes; an appellate Court can always admit new evidence on request
  • Yes; under Order XLI Rule 27 CPC, the appellate Court has power to take additional evidence if it requires it to enable it to pronounce judgment, or if the evidence sought to be admitted was not within the party's knowledge at the time of trial despite due diligence✔️
  • No; the case must be remanded to the trial Court for additional evidence
  • No; evidence cannot be admitted for the first time in appeal
Correct Answer Explanation
Order XLI Rule 27 CPC allows the appellate Court to take additional evidence in specific circumstances: where the trial Court refused to admit evidence which ought to have been admitted; where the Court requires it to pronounce judgment; or where the evidence could not have been produced at trial despite due diligence. The Court may record the evidence itself or remand for that purpose.