Adding grounds of appeal

P.Muthusamy (Querist) 23 March 2024 This query is : Resolved
In the grounds appeal already submitted to the court, I want to include some important document evidence. What is the procedure?

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This discussion clarifies the process of adding new grounds of appeal, particularly when crucial documentary evidence was not presented in the lower court. Generally, appellate courts are reluctant to admit fresh evidence not considered during the trial. However, if the evidence proves the lower court's judgment is erroneous and was available but not considered, amending the memorandum of appeal might be possible. It's strongly advised to consult a local lawyer for specific guidance, as appellate courts typically review the trial court's proceedings and pleadings.

T. Kalaiselvan, Advocate (Expert) 23 March 2024
You will not be permitted to file additional evidence afresh in the appeal if they were not produced before trial court.
Now you can file a petition to permit you to add additional grounds of appeal by amending the memorandum of appeal

P.Muthusamy (Querist) 24 March 2024
But that evidence is important to prove that lower court judgement is erroneous

P.Muthusamy (Querist) 24 March 2024
Shall I add additional grounds of appeal
And in that can I mention that there is a documentary evidence to show that there Is a forgery in the statement made by one respondent

T. Kalaiselvan, Advocate (Expert) 24 March 2024
If that evidence had been produced before the trial court and it was not considered then you may add additional grounds for appeal based on the documentary evidence you state now.

P.Muthusamy (Querist) 24 March 2024
Sir ,
In para 9 of memorandum of appeal ,I have stated about door Number 7,

In the lower court Mr.Singaram (late) had stated that the property which has door no 7 belongs to him by way of our Father's will and that property is included in this case,
This is one among the reasons that the lower court dismissed the case,
In my appeal I have stated there two properties, having same door numbers but different survey numbers and his property got by the way of will is not included.
Now I have one more solid piece of evidence that MRSingaram is wrong.
The lower court first case no is 25/97.
-MRsingaram in October 1994 had sold the above-mentioned property by sale deed no 2086 in Tirunelveli Town.
So just to confuse the court and thereby to gain he has stated that .
Now how to inform this in high court
Thank you for your valuable guidance

T. Kalaiselvan, Advocate (Expert) 24 March 2024
All these things should have been discussed in the trial court itself instead of bringing all these details afresh before the appellate court.
The appellate court will not go beyond the plaint pleadings and the judgment based on the trial proceedings that took lace in the trial court.
Since you were knowing all these facts at that time itself becasue they are not new facts then at the time of trial of the original suit, nothing prevented you from taking up these issues before the trial court in the proceedings.
The appellate court may not entertain yo to file fresh documents or to plead new facts which were not discussed in the original suit.

P.Muthusamy (Querist) 25 March 2024
Thank you sir , for your patience and guidance

In my appeal I have stated there are two properties, having same door numbers but different survey numbers and his property got by the way of will is not included.
These can be verified by the evidences already submitted?

So is it enough points in your view ?

Read more at: https://www.lawyersclubindia.com/experts/adding-grounds-of-appeal-758566.asp

P.Muthusamy (Querist) 26 March 2024
Sir please reply for my new submission

T. Kalaiselvan, Advocate (Expert) 28 March 2024
These are all practical issues, any further guidance given on this without seeing the relevant papers may be a misguidance to you, hence better take the help of a local lawyer and proceed instead of getting misguided

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