Does an appellate court's omission to expressly decide an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 vitiate its judgment?

Not where no manifest injustice or miscarriage of justice results. Where the point was taken in review and the appellate court then rejected the application on merits, and where the additional evidence would in any event have had no impact on the findings, no interference is warranted.

Code of Civil Procedure, 1908 — Or.XLI r.27 — Or.XLI r.27(2) — Additional evidence in appeal — Due diligence — Suit for declaration of title — Ex parte decree against a non-party — Revenue entries — Adverse possession — Code of Civil Procedure, 1908 — Or.XLI r.27 — No vested right to additional evidence — Held: Rule 27 is couched in negative terms and permits additional evidence in only three eventualities. Parties have no vested or automatic right to its admission, and it has no application where the appellate court can pronounce a satisfactory judgment on the record already before it. (¶11) Code of Civil Procedure, 1908 — Or.XLI r.27(2) — Reasons for admission — Held further: Where additional evidence is admitted the appellate court must record its reasons, a salutary requirement which operates as a check against a too easy reception of evidence at a late stage of litigation. (¶11) Code of Civil Procedure, 1908 — Or.XLI r.27 — Filling gaps in one's own case — Held further: Additional evidence is meant only to remove a lacuna in the evidence, not to cure the inherent defects in a party's case; a document unsupported by any foundational pleading cannot be introduced at the appellate stage. (¶11) Declaration of title — Decree obtained without impleading the true owner — Held further: A decree passed behind the back of the lawful owner is non-est against him, and no legal sanctity attaches to revenue entries made on its strength. The onus then lies on the plaintiff to establish title independently. Appeals dismissed. (¶10, 11)

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