(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if -
(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or
(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or
(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.
Order XLI Rule 26 CPC Findings and evidence to be put on record. Objections to findings
Order XLI Rule 26A CPC Order of remand to mention date of next hearing
Order XLI Rule 27 CPC Production of additional evidence in Appellate Court
Order XLI Rule 28 CPC Mode of taking additional evidence
Order XLI Rule 29 CPC Points to be defined and recorded
Order XLI Rule 30 CPC Judgment when and where pronounced
Order XLI Rule 31 CPC Contents, date and signature of judgment
Order XLI Rule 32 CPC What judgment may direct
Order XLI Rule 33 CPC Power of Court of Appeal
Order XLI Rule 34 CPC Dissent to be recorded
Order XLI Rule 35 CPC Date and contents of decree
Order XLI Rule 36 CPC Copies of judgment and decree to be furnished to parties
Order XLI Rule 37 CPC Certified copy of decree to be sent to Court whose decree appealed from