Additional documents in highcourt
Rastogi
(Querist) 13 November 2014
This query is : Resolved
Can we request highcourt to consider additiaonl documents rejected in First appeal instead of sending it back to First appeal again for consideration.
R.K Nanda
(Expert) 13 November 2014
state full facts.
ajay sethi
(Expert) 13 November 2014
your request has been rejected by appellate court for bringing additional documents on record . HC may decline to grant you any reliefs
Devajyoti Barman
(Expert) 13 November 2014
HC HARDLY DOES THAT THOUGH IT HAS POWER TO DO SO.
Apply under order 41 Rule 27 CPC.
Rastogi
(Querist) 16 November 2014
Defendents had applied at first appeal to produce some doucments as additional evidence. These documents were avilable to Defendetns even earlier.
It was rejected by first appelant court to allow the additional evidence.
However the same point was raised during the HIGHCOURT final argument staage.
Now the Highcourt remanded the case back to first appelant court to reconsider the additional evidence.
Defendent is doing this to drag the case. This case was in highcourt for last 5years.
I have 2 query on this
1)is there way we can request the highcourt to recall its order and consider the additional evidence by itself and decide the case accordingly instead of sending it back to first appelant.
2) If the case is remanded back to First appeal, can defendant produce new additional evidence also or only the evidence he had already requested and rejected by first appeal court only has to be considered?
R.K Nanda
(Expert) 16 November 2014
1. u can file review petition in HC to recall its order but chances are very remote.
2.yes, defendant can produce new additional evidence also .
3. always state full facts to get proper reply.
Devajyoti Barman
(Expert) 16 November 2014
1. No point to waste time through Review.
2. Yes, then would.
ajay sethi
(Expert) 16 November 2014
dont file review application
Rastogi
(Querist) 18 November 2014
Thanks to all experts.
Sorry for keep asking the same questiion.
Based on this last question I can take a decision
These additional doucments were available to Defendants even during the Trail stage of the court. Still they filed the appliation to submit these documents only during first appeal during final argument statge. Accordingly first appellate court did not allow these IA
do you think if we argure based on this during review petition, still there is no point in filing review petition.
Once again sorry for asking the questions in bits and pieces
Devajyoti Barman
(Expert) 18 November 2014
This is not a ground at all for challenging the order in REVIEW.
