Which of the following is true with respect to leading of additional evidence in appellate proceedin...........

Civil Procedure Code (CPC) 1908 Production of Documents

Which of the following is true with respect to leading of additional evidence in appellate proceedings?

As a general rule, the parties to an appeal shall not be entitled to produce additional evidence whether oral or documentary, in the Appellate Court.

The Appellate Court may allow additional evidence if the evidence had been refused in the lower court or if the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment.

Both (a) and (b)

Neither of the above

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Explanation:

Order 41 R 27 of Code of Civil Procedure –
ORDER XLI Appeals from Original Decrees
27. Production of additional evidence in Appellate Court.—(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if — (a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or [(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or] (b) 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, the Appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.