Application For Filing Additional Documents Crpc
Description
How to fill out Sample Letter For Request For Payment To Delinquent Account Before Filing Suit?
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FAQ
Order XLI R 27 of CPC prescribes that the parties to an appeal cannot be permitted to lead additional evidence whether in oral or documentary unless the party appealing is able to prove that, despite his best efforts, he was unable to produce the evidence when the trial court issued the decree being appealed or if an ...
- (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
Section 391 of the Code empowers the court to admit additional evidence at the appellate stage, if it considers that such additional evidence is necessary. The power to be exercised is of a discretionary nature and cannot be utilized to fill up gaps and lacunae in the evidence.
"The reasoning given by the High Court, cannot be accepted at the stage of consideration of application under Section 319 Cr. PC. The merits of the evidence has to be appreciated only during the trial, by cross examination of the witnesses and scrutiny of the Court.
The Court reiterated the established position of law that Section 311, (Power to summon material witness, or examine person present) of the Code of Criminal Procedure, 1973 (CrPC), should be invoked only for the ends of justice and it should be exercised with caution and circumspection.
