Civil

Application to Adduce Additional Evidence in Appeal under Order XLI Rule 27 CPC

An application to adduce additional evidence is a formal request to an appellate court to permit the introduction of new evidence that was not part of the trial court record. It allows a party to bring on record crucial documents or oral testimony that are necessary for a just adjudication of the appeal.

This application is filed in a pending civil appeal before the High Court or the appellate side of a District Court. It is governed by Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure, 1908, which strictly limits the circumstances under which new evidence can be allowed at the appeal stage.

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Governing law
Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure, 1908
Sections
s. Order XLI Rule 27s. 151
Filed before
High Court (any seat) / District Court (Appellate side)

When this is the right filing

  • When the trial court wrongly refused to admit a piece of evidence that ought to have been admitted.
  • When the party seeking to introduce the evidence could not, despite exercising due diligence, produce it during the trial proceedings.
  • When the appellate court itself requires the additional evidence to enable it to pronounce judgment or for any other substantial cause.
  • Do not use this application to fill gaps or lacunae in a party's original case, or to patch up a weak case on appeal.
  • This is not the correct filing for a review petition or for introducing evidence in a fresh suit.

What the court looks for

  • A clear statement that the appeal is pending and the application is being heard along with it.
  • Specific grounds that strictly fall within one or more of the three conditions permitted under Order XLI Rule 27.
  • A detailed explanation of why the evidence was not produced at the trial stage, demonstrating due diligence.
  • The nature and relevance of the additional evidence, showing it is necessary for a just decision and not merely to fill a lacuna.
  • A properly sworn affidavit in support of the facts stated in the application.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Cause title
  2. 2Application
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit
  6. 6Verification
How it opens
2. That the Applicant seeks leave to produce the following additional evidence before this Hon'ble Court: [evidence description]. The said evidence is directly relevant to the matters in controversy in the appeal and goes to the root of the questions of fact and law arising therein.

Bracketed items are filled from your case.

Frequently asked questions

Can I file this application as a standalone petition before the appeal is admitted?

No. This application must be filed in a pending appeal and is typically heard along with the main appeal itself. It is not an independent proceeding and cannot be moved in isolation before the appeal is formally before the court.

What is the difference between this application and a review petition?

A review petition seeks to re-examine a judgment already passed, usually on grounds of an error apparent on the face of the record. This application is filed during the pendency of an appeal to bring new evidence on record before the appellate court pronounces its final judgment.

Can I use this application to introduce evidence I deliberately chose not to present in the trial court?

No. The court will not permit additional evidence to help a party patch up a weak case or fill lacunae. You must satisfy the court that you could not produce the evidence at the trial stage despite exercising due diligence, or that the trial court wrongly refused to admit it.

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