Iqbal Ahmed (D) vs Abdul Shukoor 2025 INSC 1027 - Order XLI Rule 27(1) CPC - Pleadings

Code of Civil Procedure 1908 - Order XLI Rule 27(1) - Before undertaking the exercise of considering whether a party is entitled to lead additional evidence under Order XLI Rule 27(1), it would be first necessary to examine the pleadings of such party to gather if the case sought to be set up is pleaded so as to support the additional evidence that is proposed to be brought on record. In absence of necessary pleadings in that regard, permitting a party to lead additional evidence would result in an unnecessary exercise and such evidence, if led, would be of no consequence as it may not be permissible to take such evidence into consideration. Besides the requirements prescribed by Order XLI Rule 27(1) of the Code being fulfilled, it would also be necessary for the Appellate Court to consider the pleadings of the party seeking to lead such additional evidence. It is only thereafter on being satisfied that a case as contemplated by the provisions of Order XLI Rule 27(1) of the Code has been made out that such permission can be granted. (Para 8)