Key legal question
Whether the appellate court had to hear two medical witnesses under the CPC and the right to evidence
Extracted holding
The refusal to hear the two doctors was upheld; the new evidence conditions of Art. 317 CPC were not met, and the requested testimony was either unnecessary or not shown to be relevant.
Extracted reasoning
Art. 317 CPC governs new facts and evidence in appeal autonomously; Art. 229 para. 3 CPC does not apply by analogy. In addition, a court may refuse useless evidence, and the appellant failed to show that the testimony could establish a pertinent fact.