When the parties to an appeal may be allowed by the appellate Court to produce additional evidences ...........

Civil Procedure Code (CPC) 1908 Appeals

When the parties to an appeal may be allowed by the appellate Court to produce additional evidences under Order XLI Rule 27 of CPC —

The court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

The party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidences, was not within his knowledge or could not, after the exercise of due diligence, to produced by him at the time when the decree appealed against was passed.

The appellate court requires any document to be produced or any witness to be examined to enable it to pronounce Judgment, or for any other substantial Cause.

Either A or B or C

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Explanation:

Order XLI rule 27 CPC – in either of three cases – the Appellate Court may allow additional evidence or document to be produced, or witness to be examined.