filing of documents

Surender Oberoi (Querist) 18 January 2010 This query is : Resolved
Query : One : while filing counter affidavit by a caveator in person, can some new documents, not filed before the lower courts, be filed ? If yes, how ? What is the procedure ? Earlier, these were not traceable and now available ?
Query : Two : While filing counter affidavit by a caveator in person can some documents, which are the result of further investigation by the caveator in person, after final decisions of all the lower courts, be filed ? If Yes, please suggest how. These documents are essential to nullify the stand of petitioner.

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niranjan (Expert) 18 January 2010
When the suit is filed,the caveator become party to the proceeding,if joined.So the deft.can file all the documents necessary with the WS.The same position will be in appeal.But to file new documents in the appeal plgo through order41 rule 27.

Y V Vishweshwar Rao (Expert) 18 January 2010
I agree with Mr Niranjan-Order 41 Rule 27 CPC allow application to receive additional Docuemtns in Appeal .

N RAMESH. (Expert) 18 January 2010
Yes. You have to file separate application seeking permission of Court to documents in appeal as provided under Or.41 R.27