Under Order XLI Rule 27 of the Code of Civil Procedure, 1908, is an Appellate Court obliged to decide an application for additional evidence before pronouncing its final judgment in the appeal?

Yes. The Supreme Court held that an Appellate Court has a statutory duty to deal with an application for additional evidence on its merits, considered simultaneously with the main appeal, and it cannot be ignored while the Court proceeds to a final judgment.

Code of Civil Procedure, 1908 — Order XLI Rule 27 — Additional evidence — Appellate Court's duty — Jurisdictional error — Code of Civil Procedure, 1908 — Order XLI Rule 27 — Duty to decide on merits — Held: An Appellate Court has a statutory duty to deal with an application for additional evidence on its merits, considering it simultaneously with the main appeal to determine whether the documents are required to pronounce judgment. The application cannot be ignored while the Court proceeds to a final decision. (¶12) Code of Civil Procedure, 1908 — Order XLI Rule 27 — Undecided application is a jurisdictional error — Held further: Dismissing an appeal or cross-objections without deciding a pending application for additional evidence, and without a reasoned order, is a jurisdictional error resulting in a miscarriage of justice. The Impugned Judgment is set aside, the Civil Appeals allowed, and the matter restored and remanded to the High Court for fresh disposal. (¶13, 14)

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