Supreme Court Held That Parties Do Not Possess Any Vested Or Automatic Right To Seek Admission Of Additional Evidence Under Order XLI Rule 27 CPC

The Supreme Court through its judgement dated 09.03.2026 in the matter of Gobind Singh and Ors. v. Union of India & Ors.¹ held that parties do not possess any vested or automatic right to seek admission of additional evidence at the appellate stage. The Order XLI Rule 27 of the CPC has no application where the appellate court is in position to render a satisfactory and reasoned judgement on the basis of the evidence already available on record.

Further, the court held that unless the requirements stipulated under Order XLI Rule 27 of CPC are strictly satisfied, a party cannot be permitted to adduce additional evidence at the appellate stage. Such permission cannot be granted as a matter of course, nor can additional evidence be introduced at the whim or convenience of the litigating party.

Footnote

1. Civil Appeal Nos. 5168-5169 of 2011.

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