Appeal

rsraghukumar (Querist) 09 April 2012 This query is : Resolved
sir
i filed op to declare my marriage as null and void as the girl was already married which is still in subsistence.

when i filed OP, she filed a counter that no first marriage has taken place. she just denyied her first marriage.

when my side evidence was closed. her side evidence started, she did not filed chief affidavit instead she filed a Memo that their is NO EVIDENCE from her side. and did not entered into witness box.

after judgment in pronounced in OP, she prefered an appeal on the following grounds:
a) order 6 of cpc is applicable to OP as material facts are lacking in OP. what are the lacking points she did not mentioned in appeal.
b) she took another ground that section 10 of cpc is applicable as OP judgment is pronounced before pronouncement of os judgment. (sir but both OP and OS jugments are pronounced on the same day. she misled the court and took the interim suspension of the order)

sir my doubt is when she filed a memo stating that there is NO EVIDENCE from her side, how can she prefer an appeal . i know that there is right to appeal is there. but in this case, the first ground she did not expressed in her counter in OP and filed any chief affidavit and entered into witness box to say the same thing. this is after thought na sir. will appeal will be dismissed on these two grounds sir.

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