Karnataka HC Revives Widow’s Bid To Add Evidence, Directs Appeal Court To Consider It With Main Appeal

The petitioner, defendant No. 1 in O.S. No. 119/2022, appealed the judgment and decree dated 24 April 2024 and filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (CPC), seeking to produce additional evidence.

The First Appellate Court rejected the application by order dated 5 March 2026. The petitioner challenged that rejection in this writ petition.

Order XLI Rule 27 CPC governs the reception of additional evidence in an appeal. The Court held that an application under this provision must be considered on its merits simultaneously with the hearing of the main appeal, to determine whether the additional evidence is required to pronounce judgment or for another substantial cause; it should not be decided at the threshold without hearing the appeal on its merits.

The Court relied on Chowdappa v. Hanumantharayappa and Others, 2026 LiveLaw (SC) 785.

The petitioner’s application for additional evidence had been rejected before the First Appellate Court heard the appeal on its merits. Applying the principle in Chowdappa, the High Court held that the appellate court must assess the application alongside the appeal and determine whether the evidence is necessary for deciding it.

The threshold rejection therefore did not follow the required procedure.

It restored I.A. No. III/2025 to its original file and directed the First Appellate Court to consider it simultaneously with the hearing of the main appeal on its merits.