IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1499 of 2008 SAKHICHAND YADAV Versus SMT.JAGTARNI DEVI & ANR ----------- 3. 18.9.2008 Heard counsel for the petitioner. In the opinion of this Court the application filed by the petitioner for leading additional evidence under purported exercise of power under Order 41 Rule 27 C.P.C. was fit to be rejected and has been rightly rejected. This Court would find that whatever documents were being sought to be brought on record by way of additional evidence were clearly referable to the facts mentioned in the written statement and therefore, if the petitioner did not feel the necessity of producing such document in course of hearing of the suit and became wiser only after recording of the findings of the trial court against him, that cannot be a ground for allowing leading of additional evidence of the stage of appellate court. Additional evidence by the appellate court is not to be allowed either as a matter of course or to fell up the lacuna in the judgment of the Trial Court. As a matter of fact the court - 2 - can also not brush aside the findings of the appellate court in the impugned order that these documents will have absolutely no relevance for deciding the issues involved in the appeal. That being so, this application being wholly misconceived is hereby dismissed. (Mihir Kumar Jha,J.) Surendra/