In Iqbal Ahmed (Dead) through LRs & Anr. v. Abdul Shukoor, the Supreme Court held that additional evidence inconsistent with the original pleadings cannot be admitted at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.
The Court observed that an appellate court must first scrutinize the pleadings before permitting additional evidence. This is because any evidence that does not correspond to the matters pleaded is inadmissible and, therefore, serves no purpose.
The Court reasoned that, in the absence of necessary pleadings, allowing a party to introduce additional evidence would be a futile exercise. Such evidence, even if admitted, would be inconsequential as it could not be taken into consideration.
