Supreme Court dismisses appeal for evidence introduced late without prior necessity, upholding Art. 381 KPC application.

The Supreme Court dismissed the cassation appeal against a lower court's refusal to admit new medical evidence presented for the first time in the second instance. The appellant argued that the need for this specific hospital record arose only after the first trial, but the court found the necessity existed earlier when the appellant cited other hospital treatments. Consequently, the court ruled that the lower court correctly applied Article 381 of the Code of Civil Procedure, which limits new evidence to cases where prior necessity was absent.