Section 5 of Limitation Act not applies to initiation of Civil Suit: SC

Sunil Kumar Maity Vs State Bank of India And Anr. (Supreme Court of India) Though a party can produce additional evidence at the appellate stage, the same has to be within the four corners of law, that is as contemplated in order-41, R.27. The party has to establish that notwithstanding the exercise of due diligence, such evidence was not within its knowledge or could not even after due diligence, be produced by it at the time when the decree appealed against was passed. Apart from the fact that there is a vast difference between the exercise of appellate jurisdiction and the revisional jurisd...