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Scanned Judgements…!
Seetharama Reddy (AIR 1963 SC 1526) - The Supreme Court emphasized that applications under Order 41 Rule 27 CPC should be decided along with the main appeal. Deciding such applications prior to the appeal hearing is generally inappropriate, especially under unamended provisions of Order 41, Rule 27(c). The Court highlighted that even if the record allows judgment, the application's scope must be considered in the appeal context, and premature decisions could be improper. reference: AIR 1963 SC 1526
Scope of Order 41 Rule 27 - The judgment notes that the unamended Rule 27(c) limits the Court's ability to decide applications for stay or other interim relief before the main appeal is disposed of. The Court observed that such applications should typically be considered along with the appeal, not beforehand, to ensure proper adjudication. reference: AIR 1963 SC 1526
Legal Principles and Past Cases - The judgment references earlier cases like K. Venkataramiah v. and others, reinforcing the principle that interim applications under Order 41 Rule 27 are to be decided in conjunction with the appeal, maintaining judicial consistency and fairness. reference: AIR 1963 SC 1526
Other Contexts in 1963 Cases - The sources also mention cases involving criminal proceedings (e.g., Karnataka Police Act offences) and employment disputes, illustrating the Court's broader approach to procedural and substantive issues, though these are not central to the AIR 1963 SC 1526 decision. reference: various sources
Analysis and Conclusion:The key insight from AIR 1963 SC 1526 is that applications under Order 41 Rule 27 CPC should be decided together with the main appeal, and preemptive decisions are generally inappropriate. This principle ensures that interim relief and stay applications are considered in the proper appellate context, preserving judicial efficiency and fairness. The case remains a foundational reference for procedural conduct in appellate cases under Civil Procedure Code.
In the realm of Indian civil
The case K. Venkataramiah v. A. Seetharama Reddy & Ors., reported as AIR 1963 SC 1526, centers on the appellate court's authority to permit additional evidence. The Supreme Court examined scenarios where parties seek to introduce new documents or testimony not presented at trial. Key to the judgment is balancing judicial efficiency with the quest for justice. The court emphasized that while appeals are not retrials, evidentiary gaps may warrant supplementation under exceptional circumstances. 2013 0 Supreme(Cal) 553
This ruling remains pivotal, as echoed in subsequent cases where courts stress procedural fairness. For instance, Seetharama Reddy reported as AIR 1963 Supreme Court 1526 Notice of motion... had observed that the application under Order 41 Rule 27 CPC should be decided along with the appeal. 2025 Supreme(Online)(P&H) 6169
The Supreme Court laid down nuanced guidelines for admitting additional evidence. Here's a breakdown:
Power to Admit Additional Evidence: Appellate courts can allow new evidence not just to pronounce judgment but also for 'any other substantial cause.' Even if the record suffices for a decision, admission may occur if it serves justice. This flexibility ensures complete adjudication. 2012 4 Supreme 585 2013 0 Supreme(Cal) 553
Conditions for Admission: Parties have no automatic right. Courts must verify if Order 41, Rule 27 conditions are met—such as filling gaps or clarifying obscurities in the record. Evidence must not have been available earlier with due diligence. As noted in related precedents, Parties are not entitled, as of right, to the admission of such evidence. Thus, the provision does not apply, when on the basis of the evidence on record, the appellate court can pronounce a satisfactory judgment. 2020 0 Supreme(Guj) 940
Judicial Discretion: This power is exercised judiciously and sparingly. Courts weigh if the evidence is essential for a just outcome. The discretion to admit additional evidence should be exercised judiciously and sparingly. 2012 4 Supreme 585 2011 0 Supreme(Cal) 1238
Non-Recording of Reasons: Notably, failing to record reasons for admission doesn't invalidate it, highlighting procedural flexibility. 1986 0 Supreme(SC) 356 2005 0 Supreme(Cal) 260
These principles underscore that appeals aren't for curing trial lapses but for refining justice.
A recurring theme in citations of AIR 1963 SC 1526 is the proper timing for deciding such applications. Courts have repeatedly held that applications under Order 41 Rule 27 must be resolved alongside the main appeal, not prematurely. AIR 1963 SC 1526, had observed that the application under Order 41 Rule 27 CPC should be decided along with the appeal and taking a view on the said application before hearing of the appeal was not appropriate. 2025 0 Supreme(P&H) 104 2025 Supreme(Online)(P&H) 2050
In one case, a revision petition challenged an order allowing evidence before the appeal's hearing. The court set it aside, citing this precedent: Supreme Court precedent mandates consideration of such applications in conjunction with the appeal. This upholds efficacy and fairness, preventing piecemeal
Failure to show diligence often leads to rejection, as in cases involving belated documents like memoranda of oral gifts. The central legal point established in the judgment is the requirement for due diligence in bringing evidence before the court. 2019 0 Supreme(All) 1233
AIR 1963 SC 1526 continues to guide diverse disputes:
Motor Accident Claims: In compensation cases, courts deny secondary evidence without originals or proper foundation, citing evidentiary rules alongside this precedent. 2017 0 Supreme(Gau) 305
Family and Partition Suits: Applications for additional evidence in divorce or property disputes are scrutinized for lacunae-filling attempts. The power to admit additional evidence cannot be used to fill lacunae in evidence. 2019 0 Supreme(All) 1233
Commercial and Municipal Matters: Discretion is limited; courts can't contradict statutes. Judicial discretion can be exercised by a Court only when there are two or more possible lawful solutions. 2020 0 Supreme(Guj) 940 2021 0 Supreme(P&H) 1405
Recent judgments, like those under Article 227, affirm: premature evidence orders are set aside, mandating concurrent disposal with appeals. 2025 Supreme(Online)(P&H) 6169 2023 Supreme(Online)(Kar) 30119
For legal practitioners:- Anticipate Gaps: Review trial records early; justify new evidence succinctly.- Argue Strategically: Invoke AIR 1963 SC 1526 to show 'substantial cause' without implying negligence.- Due Diligence Proof: Always explain why evidence wasn't produced earlier.
Litigants should collaborate closely with counsel, as appellate success hinges on robust preparation.
AIR 1963 SC 1526 strikes a vital balance: empowering appellate courts under Order 41 Rule 27 CPC while curbing abuse. It promotes justice without turning appeals into trials. Key takeaways:- Admission is discretionary, conditional, and timely—decided with the appeal.- Prioritize due diligence to avoid rejection.- Courts exercise power sparingly for evidentiary essentials.
This precedent endures, shaping Indian jurisprudence. For tailored guidance, seek professional legal counsel. References: 2013 0 Supreme(Cal) 553 2012 4 Supreme 585 1986 0 Supreme(SC) 356 2005 0 Supreme(Cal) 260 2025 0 Supreme(P&H) 104 2025 Supreme(Online)(P&H) 6169 2020 0 Supreme(Guj) 940 2019 0 Supreme(All) 1233 2015 0 Supreme(UK) 505.
#AIR1963SC1526, #CPCOrder41R27, #AppellateEvidence
Seetharama Reddy reported as AIR 1963 Supreme Court 1526 Notice of motion for 12.11.2025. Liberty is granted to the petitioner to serve the respondents through dasti process as well as through the counsel appearing before the Ist Appellate Court. ... Seetharama Reddy”, AIR 1963 SC 1526, had observed that the application under Order 41 Rule 27 CPC should be decided along with the appeal a....
, AIR 1963 SC 1526 , had observed that the application under Order 41 Rule 27 CPC should be decided along with the appeal and taking a view on the said application before hearing of the appeal was not appropriate and accordingly, the impugned order vide which challenge was made ... Seetharama Reddy, AIR 1963 SC 1526, pointed out the scope of unamended provision of Order 41, Rule 27(c) th....
Seetharama Reddy”, AIR 1963 Supreme Court 1526 had observed that the application under Order 41 Rule 27 CPC should be decided along with the appeal and taking a view on the said application before hearing of the appeal was not appropriate and accordingly, the impugned order vide which ... Seetharama Reddy, AIR 1963 Supreme Court 1526, pointed out the scope of unamended provision of Orde....
No.1526/2024, pending before the Principal Civil Judge and JMFC, Honnavar, insofar as it relates to petitioners/accused Nos.1 to 8, is hereby quashed. 7. Any pending applications do not survive for consideration and are accordingly disposed of. ... The petitioners, who have been charge-sheeted for the offence punishable under Section 80 of the Karnataka Police Act, 1963, have approached this Court seeking relief. 3. ... The offence punishable under Section 8....
Air France, Calcutta, MANU/SC/0137/1963 : (1964) 2 SCR 104 : (AIR 1963 SC 1756) the order of dismissal was passed on May 28, 1960 and was communicated to the employee on May 30,1960. ... Vyas, Conciliation Officer (AIR (1961) Guj. 22) though with some hesitation. ... W.P.No.1526 of 2017 PL(CO) RLP(07/12/2021) https://hcservices.ecourts.gov.in/hcservices/....
Seetharama Reddy [AIR 1963 SC 1526] pointed out the scope of unamended provision of Order 41 Rule 27(c) that though there might well be cases back as in 1963 in p style="text-align
Seetharama Reddy AIR 1963 SC 1526 pointed out the scope of unamended as in 1963 in K. Venkataramiah v.
Seetharama Reddy and others, 1963 AIR (SC) 1526, Satvir Kaur v. Parminder Singh, (P&H DB), and Chunilal Ojha V. Mul Shankar Ojha and others, 1961 AIR (Orissa) 169. 4.
State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. ... Crime No.1526 of 2021 ...Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to release the petitioner/accused on bail, pending in Crime No.1526 of 2021 on ... Advocate ORDER (The case has been heard through video conference) The petitio....
Seetharama Reddy and others, 1963 AIR (SC) 1526, Satvir Kaur v. Parminder Singh, (P&H DB), Law Finder Doc Id # 781841 and Chunilal Ojha V. Mul Shankar Ojha and others, 1961 AIR (Orissa) 169.
In any event, Courts cannot give any direction contrary to the Statute or Rules made thereunder in exercise of judicial discretion. Of Greater Bombay v. Lala Pancham AIR 1965 SC 1008, Soonda Ram v. Rameshwarlal (1975) 3 SCC 698 and Syed Abdul Khader v. Rami Reddy (1979) 2 SCC 601.)” (emphasis supplied) 6.1 Judicial discretion can be exercised by a Court only when there are two or more possible lawful solutions. Such a discretion is only a judicial discretion circumscribed by the limitation sp....
(iii) 2010 (3) ACJ 2077 (SC), Shalimar Chemical Works Ltd. 4. He has placed reliance on the following judgments in support of his contention that additional evidence could be admitted by the court at any stage of the proceedings:- (i) AIR 1963 SC 1526, K.Venkataramiah vs A. Seetharama Reddy (ii) AIR 1965 SC 1008 Muncipal Corporation vs Lala Pancham and others.
(7) K. Venkataramiah v. A. Seetharama Reddy (AIR 1963 SC 1526) (6) State of J.K. v. Hindustan Forest Co. [(2006) 12 SCC 198] (8) Aisha Begam v. Shahnaz Begam [2015 (3) PLJR 562] (9) Upendranath Jena v. Soumendranath Banarjee [106 (2008) CLT 233]
Akash Ganga Builders & Engineers Pvt. Ltd. V. G.P Seth, HUF & anr., 1999 Legal Eagle (Del) 420. K. Venkataramaiah V. A. Seetharama Reddy & Ors., AIR 1963 SC 1526
Of Greater Bomany vs Lala Pancham AIR 1965 SC 1008, Soonda Ram v. Rameshwarlal AIR 1975 SC 479 and Syed Abdul Khader v. Rami Reddy AIR 1979 SC 553). (Vide K. Venkataramiah v. A. Seetharama Reddy AIR 1963 SC 1526, Municipal Corpn. Such a discretion is only a judicial discretion circumscribed by the limitation specified in the Rule itself.
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