it can not be considered as evidence under the provisions of order 41 rule 27 as this order does not relate to the case from which the appeal has been filed, under the provision if order 41 rule 27 only those documents can be filed as evidence which have been contemplated in the three subsection in light of section 107(1)(d)

regards

Dear Concerned,

Yes any ORDER passed by a court superior to the another court or even equivalent court at times can be considered as evidence - subject to the matter of subject is more or less same. In fact if the order is in your favor it will help your present case. Also an Appeal can not act as a stay under any circumstances.

Best of Luck

1. A challenge being mounted to an order by a subordinate court does not reduce the vigour of the order if it has not been stayed by a higher court.

2. So regardless of the fact that the order is under challenge it can still be led in evidence if it has not been stayed.

Any fact can be led in evidnce in appeal as aditionaevidnce under ORder 41 rULE 27 CPC.

Since the court or tribunal can always take judicial notice of any order if certified copy of the same is produced such orders are not required to be produced as additional evidence.

Since stay is not granted technically there is no impediment to lead this as additionla evidnece.

order under challenged can be considered as evidence under provisions of O. 41, R. 27 in another appeal court of a district judge because this order does not come under additional evidence which is trying to adduce at appellate stage. this fact has already available on record and if right of the party in appellate court may be affected from that order then court may consider it.

1. The said order has already been challenged before the higher Court which has not yet been decided.

2. Such challenged order can not be accepted as an evidence to decide some other case.

1. As explained in my earlier post, the said order in question is under challenge in higher Court and the higher court has not yet decided on the matter.

2. Hence, the said impugned order can not be adduced as an acceptable evidence in deciding some other matter before another Court.

The Supreme Court has held in a recent judgment that parties to a civil litigation are not entitled to produce additional evidence, whether oral or documentary, in the appellate court, but for the three situations contemplated in Order 41 Rule 27 of ...

Though the general rule is that ordinarily the appellate court should not travel outside the record of the lower court and additional evidence, whether oral or documentary is not admitted but Section 107 CPC, which carves out an exception to the gene...

My question arises from the consideration that the order to be adduced as evidence is since under challenge and is yet to reach its finality. So, could such an order under challenge in another appellate court qualify as evidence such that an appeal court can use it to pronounce judgment.

It canot be said that the order under challenge is yet to reach its finality.

As far as this order is concerned, it is final by the court which passed this order.

Any challenge against this order is the problem of the person who challenges it.

Therefore if this evidence falls within the conditions prescribed under the provisions of law referred by you in query, then it can be considered as valid evidence on the appeal.