# New evidence in appeal? Not to fill gaps. > Order XLI Rule 27 CPC in one swipe: the three doors, the Supreme Court's postman cases, and what a strong application needs. - Topic: Courts and procedure - For: Advocates - A 10-slide carousel: https://failegal.site/media/new-evidence-in-appeal-not-to-fill-gaps - Published by FAI Legal on 2026-10-10 ## The rule in the Code. Order XLI, Rule 27, CPC. > "(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 (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" (Code of Civil Procedure, 1908 · Order XLI, Rule 27) ## Only three doors. The general rule is no. - **Wrongly refused** The trial court refused evidence it ought to have admitted. - **Court needs it** To pronounce judgment, or for any other substantial cause. - **Reasons** The Appellate Court shall record why it admits it (r.27(2)). ## Quick quiz. The postman. Guess first, then swipe for the answer. - **A. Yes, as of right** - **B. No, that fills a lacuna** - **C. Yes, on payment of costs** ## Answer: B. No second chance. Two Supreme Court cases, same facts. - **2021 SCMR 1480** Rule 27 does not give a second opportunity to adduce evidence or rectify negligence. - **2016 SCMR 2067** No chance for a delinquent to fill the lacuna, especially with no ground in the appeal and no formal application. ## Used sparingly. PLD 2023 SC 643, Supreme Court. - **Not for gaps** Not to fill lacunas, make up deficiencies, or raise a new plea. - **Cautiously** Exercised sparingly, not to facilitate an indolent litigant. - **Fabrication** The court must be satisfied the document could not easily be fabricated or tampered with. ## Before you apply. What a strong application has. - **Formal application** Move it properly, and set out the ground in the memo of appeal (2016 SCMR 2067). - **Why not earlier** Give sufficient cause for not producing it at trial (2017 CLC 1040, AJK Supreme Court). - **Which exception** Show which limb of r.27(1) you fall under (2023 SCMR 1155). ## Myth or fact? The undecided application. - **Myth: The appellate court never decided my Rule 27 application, so every judgment must be set aside.** - **Fact: Not always. The Supreme Court refused a remand that would serve no fruitful purpose on the facts (PLD 2025 SC 685).** ## Draft it with FAI. Ask FAI in your own words. It answers with the exact rule and the leading judgments. - **When can an appellate court allow additional evidence under Order XLI Rule 27?** - **Draft an application under Order XLI Rule 27 CPC to produce a revenue record.** ## What this does not mean - Rule 27 does not give a second chance to adduce evidence or make up for negligence at trial (2021 SCMR 1480). - It is not for filling lacunas, making up deficiencies, or raising a new plea (PLD 2023 SC 643). - An undecided Rule 27 application does not always mean the judgment is set aside. The Supreme Court refused a remand that would serve no fruitful purpose (PLD 2025 SC 685). ## Questions people ask ### Can additional evidence be produced in appeal in Pakistan? The general rule under Order XLI Rule 27 CPC is no. The exceptions are where the trial court refused evidence it ought to have admitted, or where the appellate court needs it to pronounce judgment or for any other substantial cause. ### When can an appellate court allow additional evidence under Order XLI Rule 27? Only within the limbs of r.27(1), used sparingly and not to help an indolent litigant (PLD 2023 SC 643). The appellate court shall record why it admits the evidence (r.27(2)). ### What should an Order XLI Rule 27 application contain? Move a formal application and set out the ground in the memo of appeal (2016 SCMR 2067). Give sufficient cause for not producing the evidence at trial, and show which limb of r.27(1) you fall under (2023 SCMR 1155). ### Can new documents be produced at the appeal stage? Only within Rule 27, and the court must be satisfied the document could not easily be fabricated or tampered with (PLD 2023 SC 643). ## Sources - Code of Civil Procedure, 1908 · Order XLI, Rule 27: Production of additional evidence in Appellate Court --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.