Supreme Court Sets Aside High Court Judgment for Ignoring Additional Evidence Application

Case Snapshot

Case Name: Chowdappa v. Hanumantharayappa & Ors

Citation: 2026 INSC 816

Bench: Justice S.V.N. Bhatti

Date of Judgment: August 6, 2026

Area of Law: Civil Procedure, Appeals, Additional Evidence

The Judgment in One Line

High Court's failure to decide an application for additional evidence under Order XLI Rule 27 CPC before dismissing the appeal is a jurisdictional error warranting remand.

Why This Judgment Matters

This judgment reinforces the statutory duty of appellate courts to dispose of applications for additional evidence under Order XLI Rule 27 CPC before pronouncing final judgment. The Supreme Court held that ignoring a pending application for additional evidence constitutes a jurisdictional error and results in a miscarriage of justice. The judgment clarifies that the appellate court must either allow or reject the application with reasons, and cannot proceed to decide the appeal without addressing the application. This ensures that parties are not denied the opportunity to produce crucial evidence that could affect the outcome of the appeal.

Background

The respondent filed a suit for partition and separate possession. The Trial Court decreed the suit in favour of the plaintiffs. The appellant, who was defendant No. 3, filed Regular First Appeal No. 2076 of 2006 before the Karnataka High Court. Cross-objections were also filed.

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