Order 41 Rule 27 CPC Application Template

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Title: Application Under Order 41, Rule 27, C. P. C. Format

Need a reliable Application Under Order 41, Rule 27, C. P. C. Format to seek permission for additional evidence in your appeal? Download our ready-to-use, customizable legal template in PDF or Word format today and strengthen your case efficiently.

In the realm of civil litigation in India, the Code of Civil Procedure (CPC), 1908 governs appellate proceedings. Order 41, Rule 27 CPC empowers the appellate court to allow additional evidence if it is necessary for a just decision, provided certain conditions are met. Our Application Under Order 41, Rule 27, C. P. C. Format is a professionally drafted sample that helps appellants file a precise application to produce fresh evidence at the appeal stage, ensuring compliance with court requirements.

Why is it Important?

Filing an Application Under Order 41, Rule 27, C. P. C. is crucial when new evidence emerges post-trial or when trial court evidence was insufficient. Courts grant permission only under exceptional circumstances, such as:

Evidence not available earlier despite due diligence.
Relevance to a just decision.
No prejudice to the opposite party.

This application prevents miscarriage of justice by allowing critical evidence in appeals before High Courts or Supreme Court. Using a standard Application Under Order 41, Rule 27, C. P. C. Format saves time, reduces errors, and boosts your appeal's success rate. It's indispensable for civil suits involving property disputes, contracts, family matters, or commercial litigation where overlooked evidence can change outcomes.

Key Elements of the Application Under Order 41, Rule 27, C. P. C. Format

Our legal template includes all essential sections for a compelling application:

Court Details: Heading with appellate court name, appeal number, and parties.
Synopsis and Grounds: Brief overview and detailed reasons for additional evidence.
Affidavit: Sworn statement affirming due diligence and evidence necessity.
Particulars of Additional Evidence: Description, source, and relevance.
Prayer Clause: Specific request for permission to produce evidence.
Verification: Signed by the applicant or counsel.

This ready-to-use format aligns with Indian judicial precedents and CPC provisions, making it suitable for High Courts across states like Delhi, Mumbai, or Chennai.

Who Should Use It?

Litigants in Civil Appeals: Plaintiffs or defendants needing new documents, witness statements, or expert reports.
Lawyers and Advocates: For quick drafting in property, matrimonial, or debt recovery appeals.
Corporate Legal Teams: In commercial disputes requiring supplementary evidence.

Common use cases include appeals against trial court decrees in eviction suits, partnership dissolutions, or inheritance claims under Hindu Succession Act.

Download Your Application Under Order 41, Rule 27, C. P. C. Format Now

Get instant access to our customizable Application Under Order 41, Rule 27, C. P. C. Sample in PDF/Word format. Perfect for free download trials or premium paid versions with unlimited edits. Tailor it to your case specifics and file confidently.

Important Note: While this legal template is designed by experts for Indian courts, it's recommended to consult a qualified lawyer for personalization. We offer AI-assisted customization or professional legal help. Explore related formats like Appeal Memo Format, Stay Application Under Order 41 Rule 5, or Affidavit Under Section 65B for comprehensive appellate support.

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APPLICATION UNDER ORDER 41, RULE 27, C. P. C.

APPLICATION UNDER ORDER 41, RULE 27, C. P. C.

IN THE COURT OF....................

Suit No..................... of 19........................................

C. D................................................................... Plaintiff

versus

C. F................................................................ Defendant

The applicant most respectfully submits as under: ?

1. That the applicant intends to file documents as mentioned below: (Set out documents required to be filed)

2. That an application had been made by the applicant on.................... (date) in the Court below for the production of the documents as mentioned above but the Court below refused to admit those documents in evidence.

3. That on account of the refusal by the Court below to admit the said documents in evidence as the applicant has not been able to substantiate his defence in the Court below and thus lost the case.

PRAYER

It is therefore most respectfully prayed that the documents referred to in para 1 above may be taken on record as an additional evidence and such order as this Court may think fit may be made in that respect.

It is prayed accordingly.

Applicant

Through Advocate

Place:....................

Dated:....................

CASE LAW

Order 41, Rule 27

APPLICATION OF THE RULE?ADDITIONAL EVIDENCE?WHEN TO BE ADMITTED.

The discretion to receive and admit additional evidence is not an arbitrary one, but is a judicial one circumscribed by the limitation specified in O. 41, Rule 27, Civil P. C. If the additional evidence was allowed to be adduced contrary to the principles governing the reception of such evidence, it would be a case of improper exercise of discretion, and the additional evidence so brought on the record will have

to he ignored and the case decided as it was non-existent. Under O. 41, Rule 27, it is the appellate court that must require the evidence to enable it to pronounce judgment. As laid down by the Privy Council in the well-known case1.

"The legitimate occasion for the application of the present rule is, when on examining the evidence, as it stands, some inherent lacuna or defect becomes apparent, not where a discovery is made, outside the court, of fresh evidence and application is made to import it. " And they reiterated this view in stronger terms even in the later case2. The true test, therefore, is whether the appellate court is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced3.

ADMISSION OF ADDITIONAL EVIDENCE?WHEN CAN BE REFUSED? (MANY YEARS AFTER FILING SUIT).

Before the High Court, Pramod Kumari filed an application for reception of additional evidence. The principal additional evidence sought to be adduced was an alleged letter said to have been written by late Pearey Lal Singh to the bank nominating Pramod Kumari as the person entitled to the amount in deposit with the bank. The letter itself was not filed along with the application but a request was made to summon the letter from the bank. The High Court rejected the application. The application to the High Court was made very many years after the suit had been filed, and also quite some years after the appeal had been filed before the High Court, and we do not think that we will be justified in interfering with the discretion exercised by the High Court in refusing to receive additional evidence at that stage. The appeal is therefore dismissed but in the circumstances with no order as to costs4.

POWER OF HIGH COURT UNDER SECTION 115 CPC

Order 41, Rule 27, Section 15

The High Court in exercise of its power under Section 115, CPC, could not interfere with an order of appellate Court rejecting permission to adduce additional evidence particularly when the whole appeal is not before the High Court.5

ADDITIONAL EVIDENCE

Order 41, Rule 27

Section 107, CPC enables an appellate Court to take additional evidence or to require such other evidence to be taken subject to such conditions and limitations as are prescribed under Order XII, Rule 27, CPC.5

1. Kessowji v. G. I. P. Railway, 341-A. 115: 41 Bom. 381 (P. C. ).

2. Parsotam v. Lal Mohan, 58 I. A. 254: A. I. R. (18) 1931 (P. C. ) 143.

3. Arjan Singh v. Kartar Singh, A. I. R. 1951 S. C. 193: 1951 S. C. R. 2158: 1951 S. C. J. 274: 1951 A. L. J. (S. C. ) 78: 1951 A. W. R. (H. C. ) 417: 1951 (1) M. L. J. 556: 1951 M. W. N. 340.

4. Smt. Pramod Kumari Bhatia v. Omprakash Bhatia and others, 1980 (1) S.C.C. 412.

5. Mahavir Singh v. Naresh Chandra, AIR 2001 SC 134.

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Important Guidelines

Guidelines for Drafting Application under Order 41, Rule 27, C.P.C.:

Heading and Title: Begin with a clear title, "Application under Order 41, Rule 27, C.P.C.," specifying court details, parties involved, and case number.

Introduction: Provide a concise introduction, explaining the purpose of the application. Rule 27 is typically used to introduce additional evidence on appeal.

Legal Basis: Clearly cite Order 41, Rule 27 of the Civil Procedure Code as the legal foundation for filing the application, emphasizing the necessity and relevance of the additional evidence.

Factual Background: Present a brief but comprehensive account of the facts leading to the application, outlining why the additional evidence is crucial for the appeal.

Justification for Late Submission: If the evidence is not part of the trial record, clearly state the reasons for its late submission, providing a persuasive justification for its inclusion.

Common Mistakes to Avoid:

Failure to Establish Relevance: Clearly articulate how the additional evidence is relevant to the issues raised in the appeal, avoiding the inclusion of extraneous or unnecessary material.

Ignoring Procedural Timelines: Familiarize yourself with procedural rules governing the submission of additional evidence on appeal, adhering strictly to timelines and requirements.

Inadequate Supporting Affidavit: If required, include a supporting affidavit that explains the circumstances and justifications for submitting additional evidence.

Lack of Notice to Opposing Party: If the rules necessitate, ensure proper notice is served to the opposing party, allowing them an opportunity to respond to the application before the court considers the evidence.

Neglecting Court's Discretion: Acknowledge the court's discretion in admitting additional evidence and present a compelling case for why the court should exercise its discretion in favor of admitting the evidence.

Applications under Order 41, Rule 27, C.P.C. are used in appellate courts when a party seeks to introduce additional evidence not presented during the trial. Following these guidelines and avoiding common mistakes ensures that the application effectively communicates the necessity and relevance of the additional evidence, contributing positively to the appellate proceedings.

Frequently asked questions

What is an Application under Order 41, Rule 27, CPC?→

This is a legal application filed in Indian courts during civil appeal proceedings to seek permission for producing additional evidence that was not available earlier. It complies with the Code of Civil Procedure (CPC) provisions.

Is this application format legally valid in India?→

Yes, this is a standard, legally compliant template under Order 41 Rule 27 CPC, recognized by courts across India for appeal matters.

Do I need to pay stamp duty or court fees for this application?→

No stamp duty is typically required as it's a court application; however, applicable court fees must be paid as per the relevant state rules in India.

In what format can I download this application?→

Download this customizable application in editable Word or PDF format for convenient use in Indian legal proceedings.

Can I edit or customize this application template?→

Yes, this template is fully editable and customizable to include your specific case details for use in Indian courts.

When and who should use an Application under Order 41 Rule 27 CPC?→

Appellants or respondents in civil appeals should use it when additional evidence is necessary, subject to court approval under CPC in India.

APPLICATION UNDER ORDER 41, RULE 27, C. P. C.

APPLICATION UNDER ORDER 41, RULE 27, C. P. C.

IN THE COURT OF....................

Suit No..................... of 19........................................

C. D................................................................... Plaintiff

versus

C. F................................................................ Defendant

The applicant most respectfully submits as under: ?

1. That the applicant intends to file documents as mentioned below: (Set out documents required to be filed)

3. That on account of the refusal by the Court below to admit the said documents in evidence as the applicant has not been able to substantiate his defence in the Court below and thus lost the case.

PRAYER

It is prayed accordingly.

Applicant

Through Advocate

Place:....................

Dated:....................

CASE LAW

Order 41, Rule 27

APPLICATION OF THE RULE?ADDITIONAL EVIDENCE?WHEN TO BE ADMITTED.

ADMISSION OF ADDITIONAL EVIDENCE?WHEN CAN BE REFUSED? (MANY YEARS AFTER FILING SUIT).

POWER OF HIGH COURT UNDER SECTION 115 CPC

Order 41, Rule 27, Section 15

ADDITIONAL EVIDENCE

Order 41, Rule 27

1. Kessowji v. G. I. P. Railway, 341-A. 115: 41 Bom. 381 (P. C. ).

2. Parsotam v. Lal Mohan, 58 I. A. 254: A. I. R. (18) 1931 (P. C. ) 143.

3. Arjan Singh v. Kartar Singh, A. I. R. 1951 S. C. 193: 1951 S. C. R. 2158: 1951 S. C. J. 274: 1951 A. L. J. (S. C. ) 78: 1951 A. W. R. (H. C. ) 417: 1951 (1) M. L. J. 556: 1951 M. W. N. 340.

4. Smt. Pramod Kumari Bhatia v. Omprakash Bhatia and others, 1980 (1) S.C.C. 412.

5. Mahavir Singh v. Naresh Chandra, AIR 2001 SC 134.

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