Lakshmikutty Amma and Others vs Cheriyan and Others

Counsel for the respondents opposed the admission of the documents relying on A.I. R. 1965 S.C. 1008. In that case the Supreme Court construed clause (b) of order 41 Rule 27 (1) of the C.P. C. as it is in force in Bombay which corresponds to clause (c) of order 41 rule 27(1) of the C.P. C. as it is in force in-Kerala. But the documents filed before us are sought to be admitted under clause (b) of the latter which is much wider and which confers a larger discretion on the court, in the admission of additional evidence in appeal. Having perused the affidavit in support of the application to admit these documents, we are satisfied, that tinder clause (b) as aforesaid, the application has to be allowed. The decision of the Supreme Court relied on has no application. Accordingly we allow the application and admit the fresh documents. The affidavit, the petition and the order now produced as fresh documents will be marked as Exs. E, F & G. respectively. This application is ordered as above.