More evidence can be allowed in appeal

Still, in exceptional circumstances, it would be permissible to make a departure from the general rule and allow additional evidence in appeal.

Typically, all the evidence has to be laid before the court when the case is initially filed and tried. In an appeal, the appellate court usually evaluates whether the lower court has appreciated the evidence properly or not and whether the law has been interpreted correctly. As a rule, additional evidence is not permitted to be produced in appeal. The question whether it could be allowed in certain circumstances was examined recently. 

Advocate Shekhar Prabhavalkar contended that it would not be desirable to take a procedurally technical view, which would deprive a party from producing evidence in its favour. Consumer