Civil Procedure Code, 1908 | Appeals from Original Decrees

Order XLI Rule 29 CPC - Points to Be Defined and Recorded

Order 41 Rule 29 of the Code of Civil Procedure, 1908 requires an appellate court to identify and record the specific points on which additional evidence may be taken. It limits the scope of that evidence during a civil appeal.

Text of Order XLI Rule 29

Source: Code of Civil Procedure, 1908 - official India Code PDF. Local High Court rules or applicable State amendments should also be checked for proceedings in a particular jurisdiction.

Meaning and purpose of Rule 29

The expression additional evidence refers to oral testimony or documentary material admitted at the appellate stage beyond the evidence already on the trial record. Rule 29 does not itself create a general right to introduce new evidence. Instead, it governs the scope of evidence that an appellate court has already directed or permitted to be taken.

The phrase points to which the evidence is to be confined means the particular factual questions or matters for which that evidence is needed. The court must specify those points and enter them in the proceedings, so the additional inquiry remains focused.

Requirements under Order 41 Rule 29

1. Additional evidence must first be directed or allowed: the question of admitting evidence is principally governed by Order XLI Rule 27.
2. The appellate court must identify the points: the court specifies the matters to which the new evidence will relate.
3. The specified points must be recorded: the court records them in its proceedings rather than leaving the scope uncertain.
4. The evidence is confined to those points: Rule 29 is intended to prevent an unrestricted reopening of the factual inquiry.

Relationship with Rules 27 and 28

Order XLI Rule 27 - Admission of additional evidence

Rule 27 establishes the limited circumstances in which additional evidence may be admitted in an appeal, including wrongful refusal of evidence by the trial court, inability to produce it despite due diligence, or a requirement of the appellate court for judgment or other substantial cause. The appellate court must record its reasons when allowing additional evidence.

Order XLI Rule 28 - How evidence is taken

Rule 28 permits the appellate court to take additional evidence itself or direct the court whose decree is appealed from, or another subordinate court, to take it and transmit the evidence.

Order XLI Rule 29 - Scope of the inquiry

Rule 29 then requires the appellate court to define and record the points to which that evidence is limited. These three rules work together: admission, mode of recording, and defined scope.

Illustrative example

Suppose an appellate court allows a document to be produced to establish whether a payment was made on a specified date. Under Rule 29, it should identify and record that factual point. The additional evidence should address that issue rather than reopen unrelated matters in the suit.

Important distinction: Rule 29 is not the same as Order XLI Rule 31, which concerns the points for determination and reasons that must appear in the appellate judgment.

Frequently asked questions

Can a party introduce new evidence as of right in an appeal?

No. Order XLI Rule 27 sets out restricted grounds for admitting additional evidence. Rule 29 operates when such evidence has been directed or allowed.

Who decides the points for additional evidence?

The appellate court must specify and record the points, even if the evidence is taken by a subordinate court under Rule 28.

Does Rule 29 require a full retrial?

No. Its purpose is to confine additional evidence to specified points. A separate remand, where legally justified, is governed by other provisions of Order XLI.

Official legal reference

For the statutory text and related provisions, consult the Code of Civil Procedure, 1908 on India Code, especially Order XLI Rules 27 to 31. Court-specific procedural rules and later amendments may affect the application of these provisions.