Admissibility of New Evidence in Appeal Proceedings Under CPC Article 317 (1)

The court addressed the admissibility of new evidence in appeal proceedings under Article 317 (1) of the Civil Procedure Code, stating that new facts and evidence are only considered if presented without delay and could not have been presented in the first instance despite reasonable diligence, with both conditions being cumulative. The reasoning clarified that for "true novum" (evidence that did not exist at the first instance), the reasonable diligence requirement is inherently met, whereas for "false novum" (evidence that did exist), the appealing party must substantiate and prove the impossibility of presenting it earlier with due diligence. Furthermore, the court noted that documentary evidence already submitted or known in the first instance is not considered new evidence in the appeal.