CPC ASSIGNMENT – 23

Question - The judgment debtor in a case files an objection in the execution petition
and contends that the consent decree was obtained by fraud. This objection was
overruled and the court proceeded with the execution. The judgment debtor
challenged this in the High Court. The High Court, while considering the appeal,
called for a finding/report from the Civil Judge and directed him to hold an enquiry
as to whether the consent decree was obtained by fraud. The report stated that the
decree had been obtained by fraud. Taking note of this, the High Court allowed the
appeal. Now the question arises can the appellate court permit production of
additional evidence at the stage of appeal?