Can an appellate court receive additional evidence under Order 41 Rule 27 of the Code of Civil Procedure, 1908 where the contentions it is meant to establish have become academic?

No. Where the coming into force of a later Central Act and the judgment of the Apex Court have rendered the contentions academic, and where the statutory bar relied upon does not in law apply, no useful purpose will be served in recording evidence on the documents sought to be brought in. The order allowing the interlocutory applications and remanding the matter to the trial court for that limited purpose is liable to be set aside, and the appeal must be disposed of on merits.

Hindu Succession Act, 1956 — s.26 — Code of Civil Procedure, 1908 — Order 41 Rule 27 — Disqualification on conversion — Additional evidence — Remand — Hindu Succession Act, 1956 — s.26 — Convert not disqualified from inheriting — Held: A plain reading of Section 26 makes it clear that it is only the descendants of the convert who are disqualified from inheriting the property of any of their Hindu relatives; the disqualification does not apply to the convert. (¶13, 16) Code of Civil Procedure, 1908 — Order 41 Rule 27 — Additional evidence — No useful purpose — Held further: Where the contentions the additional evidence is meant to establish have become academic, no useful purpose will be served in recording that evidence, and the order allowing the applications and remanding the suit is liable to be set aside. (¶11, 17) Code of Civil Procedure, 1908 — Order 41 Rule 27 — Disposal of appeal on merits — Held further: The lower appellate court must dispose of the appeal and the cross appeal on merits within the time frame fixed, all contentions on merits remaining open to both sides. Appeal and civil revision petitions allowed. (¶17, 18)

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