P&H: Additional Evidence Applications Must Be Decided With Appeal; Order Allowing It In Advance Set Aside

punjab-haryana
⚖️ Order Date: 26 May 2026
Headnotes

Civil Procedure Code, 1908, O.41.R.27, S.151 — Additional evidence in appeal — Application u/O.41.R.27 r/w S.151 CPC has been decided by Appellate Authority prior to deciding main appeal, impuged order deserves to be set aside. (Para 8)


Facts of the Case

P&H: Additional Evidence Applications Must Be Decided With Appeal; Order Allowing It In Advance Set Aside

The Punjab and Haryana High Court has ruled that an application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure must be decided along with the main appeal, not beforehand. While set aside an order of the Appellate Authority, which had allowed additional evidence before deciding the pending appeal in a dispute involving The Punjab State Cooperative Agricultural Development Bank Ltd.

The revision petition, filed under Article 227 by Manohar Lal Mulwani (since deceased), challenged the 19.07.2012 order allowing the respondent’s application for additional evidence while adjourning the main appeal. The petitioner argued that this...

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