Affidavit for Additional Evidence in Appeal (Order 41 Rule 27 CPC)

Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure

I, _______________, aged about ___ years, son of ______________________, residing at ________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the applicant in the application and the appellant in the appeal referred to above. I am thoroughly acquainted with the facts and circumstances of the present case and am fully competent to affirm this affidavit. For convenience, I shall be referred to as the applicant hereinafter.
2. That the present appeal has been filed by me against the judgement and decree passed by the Hon'ble City Civil Court in Original Suit No. ________ of 20__, dated ____________.
3. That despite exercising due diligence, I was unable to obtain the documents now annexed, prior to __________. At that time, I had no knowledge whatsoever regarding the transactions referenced in the said documents. Upon learning of these transactions on ___________, I immediately approached the office of the Sub-Registrar and applied for certified copies of the registered documents. The same were provided to me on ___________, and I am submitting them now along with the accompanying application.
4. That the delay in producing these documents is solely due to the reasons mentioned above. There has been no intentional delay, carelessness, or omission on my part.
5. That the documents in question are crucial to the present case and are likely to have a substantial bearing on the outcome of the appeal. Their inclusion will assist in ensuring a fair and proper adjudication by this Hon'ble Court.
6. That denial of leave to place these documents on record and accept them in evidence would result in severe and irreparable prejudice and hardship to me.
7. That in light of the foregoing, it is respectfully prayed that this Hon'ble Court may be pleased to receive the documents detailed in the accompanying application on the court file and admit them in evidence in the interest of justice.

DEPONENT

I, _______________, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to my personal knowledge and that nothing material has been concealed or misstated. Verified at New Delhi on this ___ day of __________, 20.

DEPONENT

Purpose

It supports an application for producing additional evidence in an appeal. Normally, appeals are decided based on the evidence presented in the trial court. But in special circumstances, the appellate court may allow new evidence to be brought on record. This affidavit explains why the documents or evidence could not be produced earlier and why they are necessary now.

When it is used

• During a pending civil appeal.
• When crucial documents or evidence were not available or could not be produced in the trial court despite due diligence.
• When new evidence has come to light only after the trial ended.
• When an appellate court requires such evidence for a fair decision.

Important points

• Additional evidence is not a right; it is allowed only at the discretion of the appellate court.
• Court checks whether:
• The trial court wrongly refused evidence.
• The party could not produce evidence despite due diligence.
• The appellate court itself needs the evidence to pronounce judgement.
• The affidavit assures the court that there is no delay, negligence, or malafide intention.
• Must explain why the evidence is relevant and necessary for justice.

FAQs

Q1. Can any new evidence be filed in an appeal?

No. Only if the court is satisfied that it is essential for a fair decision or that it could not be produced earlier despite due diligence.

Q2. What kind of evidence can be introduced?

Documents, records, or sometimes oral evidence, provided it directly impacts the case outcome.

Q3. Is this commonly allowed?

Courts are strict. Additional evidence is allowed sparingly to prevent misuse by delaying tactics.

Q4. What must the affidavit include?

Reason for non-production earlier. Date when the applicant discovered the evidence. Why it is material for the appeal.

Q5. What if the court rejects the application?

Then the appeal proceeds only on the basis of trial court records.

Q6. Does filing such an affidavit delay the appeal?

Possibly, since the court may permit the opposite party to contest or rebut the new evidence.

Q7. Is the opposite party given a chance to respond?

Yes, natural justice requires that the respondent can file objections to the additional evidence.

Q8. Example situations where it is allowed?

Discovery of a registered sale deed not earlier known. Trial court wrongly excluded a crucial document. Appellate court feels evidence is needed for complete justice.