ADDITIONAL EVIDENCE AT APPEALLATE STAGE-Order XLI Rule 27 of C.P.C. seeking permission to file additional documents- a party seeking to file additional documents in the appellate stage must first satisfy the ingredients of Order XLI Rule 27 of C.P.C. Only while considering the appeal, the Court has to decide whether with available materials, all the issues raised in the appeal can be decided fully. Only when the Court comes to the conclusion that additional evidence, both oral and documentary evidence is required for properly and fully deciding the issue in the appeal, can consider the application for filing additional documents. The Court has to decide whether the documents sought to be filed are necessary and will be helpful to decide the issue in the appeal. Even before hearing the appeal, the Court cannot independently hear the application for filing additional documents.
Direct authorities against this view are Mitarjit Singh v. The King Emperor (1921) 6 Pat. L.J. 644 : 63 I.C. 825 in which it was held that examination under Section 342 means examination-in-chief, cross-examination and re-examination, and In re Maruda Muthu Vannian (1922) 43 M.L.J. 402 to the same effect, but with neither of these for the reasons given above,
The right to file an application under Section 311 in a case where the Court grants permission under Section 301(1) of the Cr. P.C. is available only to the Assistant Public Prosecutor and not to the counsel who is allowed to assist the Assistant Public Prosecutor.