As per Order XLI Rule 27 of Code of Civil Procedure, the appellate court may admit additional evidence on some grounds. The party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise if due diligence, be produced by him at the time when the decree appealed against was or. The application for production of additional evidence should be supported by affidavit by the appellant.
Sample Format of Affidavit for Application to produce additional evidence in an appeal under Order XLI Rule 27 CPC is as under.
IN THE COURT OF _________________
INTERLOCUTORY APPLICATION NO ____ OF 20__
IN
CIVIL APPEAL NO____ OF 20___
IN THE MATTER OF:
MR. ____________ APPLICANT/
APPELLANT
VERSUS
MR._____________
RESPONDENT
AFFIDAVIT
I_______________ , aged _____ years, S/o _____________________, Resident of __________________ ________________, do hereby solemnly affirm and declare as under:-
1. That the deponent is the petitioner in the Application and appellant in the Appeal referred to above. Being well conversant with the facts and circumstances of the case, the deponent is fully competent to swear to this affidavit. The deponent will be referred to as the applicant hereinafter.
2. This appeal was filed on by the applicant against the Judgment and decree
of the City Civil Court dated ____________, in Original Suit No__________ of
20__.
3. It is submitted that prior to , notwithstanding the exercise of due diligence
by the applicant, the accompanying documents could not have been procured by her
as she had absolutely no knowledge of the transactions mentioned therein.
Immediately after coming to know of the existence of the aforesaid transactions
and the documents concerning the same on , the applicant applied for copies of
said registered documents before the Sub-Registrar and obtained the same only on
She is now producing the same alongwith the accompanying application.
4. In view of the aforementioned facts, it is most apparent that the non-production of the said documents earlier in the Court is owing to the circumstances referred to above and not owing to any willful default, neglect or laches on part of the applicant.
5. It is submitted that the aforesaid documents are of vital significance and will prove to be highly instrumental in establishing the case of the applicant and facilitate the easy and just disposal of the appeal by this Hon'ble Court.
6. In case the said documents are not received on file and in evidence by this Hon'ble Court, it will cause irreparable injury and hardship to the applicant.
7. It is, therefore, in the interest of justice that the documents listed in the accompanying application may be received by this Hon'ble Court on file and in evidence.
DEPONENT
VERIFICATION
I, ____________ the Deponent above named do hereby verify that the contents of the above
Affidavit are true and correct to my personal knowledge and nothing material has
been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
DEPONENT
Order XLI Rule 27 "Production of additional in Appellate Court"
(1) The parties to an appeal shall not be entitled to produce additional
evidence, whether oral or documentary, in the Appellate Court. But if-
(a) the Court from whose decree the appeal is preferred has refused to admit
evidence which ought to have been admitted, or
(aa) the party seeking to produce additional evidence, establishes that
notwithstanding the exercise of due diligence, such evidence was not within his
knowledge or could not, after the exercise if due diligence, be produced by him
at the time when the decree appealed against was or)
(b) the Appellate Court requires any document to be produced or any witness to
be examined to enable it to pronounce judgement, or for any other substantial
cause, the Appellate Court may allow such evidence or document to be produced,
or witness to be examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate
Court, the Court shall record the reason for its admission.
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court