Additional Evidence in Appeal

2011(1) TAMILNADU LAW NOTES JOURNAL – Page 415 (Civil)

Order 41 Rule 27 – Suit for recovery of Possession – Suit was decreed - On appeal in High court defendant sought additional evidence to be marked – High court expressed that documents sought to be marked were available at the time of trial, but no evidence that documents were tendered before trial court, and were rejected or refused – Held cannot be filed in appellate court – Decree of trial court confirmed and appeal suit allowed.