Format of application under O 41 R 27
(Querist) 23 July 2008
This query is : Resolved
I am to file in the first appellate court, an application for additional evidence.Kindly help me by providing the format of the same.
anantha krishna n.v. Advocate
(Expert) 23 July 2008
The format is nothing but the usual Affidavit and Petition format as in lower court. The Cause title differs. That is all.
However, the Or.41 Rule 27 is clear to the effect that the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, unless they have shown taht inspite of due diligence, they could not produce such documents and such documents are required to enable the court to pronounce proper judgement.
Please go through Rule 27(1)(a) to (b) and answer the points in your affidavit with reasons. This is all the essential thing.
anantha krishna n.v.( Advocate, AP High Court, 9246531895)
(Expert) 24 July 2008
But the parties can seek the appellate court to remand the matter to trial court to record that evidence. The following is the format and if you still have any doubts you can contact me at firstname.lastname@example.org.
IN THE HONOURABLE COURT OF PRINCIPAL DISTRICT JUDGE
ABCD ……… Appellant
(Defendant in the Lower Court)
XYZ ……… Respondent
(Plaintiff in the Lower Court)
AFFIDAVIT FILED UNDER ORDER XIX RULE I OF CIVIL PROCEDURE CODE.,1908
I, ., do hereby solemnly affirm and state as follows.
I am the appellant in the above numbered appeal as such I am well acquainted with the facts of the case.
I submit that I have filed the above numbered appeal against the Decree and Judgment dated of Honourable IV Additional Senior Civil Judge at Visakhapatnam made in O.S. No. /2003. The said suit was filed by the Plaintiff (i.e., Respondent herein) for recovery of suit amount covered by the promissory note alleged to have been executed by me in his favour. I submit that I have no acquaintance with the Respondent and I have not executed any promissory note much less the suit promissory note in favour of the Plaintiff as alleged by him.
I submit that I have taken some amount on loan from one Chiranjeevi, a Daily financier and executed some promissory notes and cheques in blank. I submit that even though I have repaid the entire loan amount to him, he retained the blank promissory notes and cheques with him. Several requests made by me to handover the said blank promissory notes and cheques went in vain. I submit that, as the said Chiranjeevi is not coming forward to hand over the blank promissory notes and cheques I have lodged a report with IV Town Law and Order Police on 18-10-2003. I submit on 19-10-2003 the said matter was published in EENADU daily newspaper.
I submit that the said Chiranjeevi in collusion with the Respondent herein has got filled the said blank promissory note and got field the suit against me. I submit that as per the recital of E.X.A-1 the suit promissory note dated 25-04-2001 it was mentioned that I am doing Railway parking contract under the name of R.R. Enterprises. I submit that in fact the tender for Railway Parking contract was called for on 21-07-2001 and after participating in the auction it was awarded to me in the month of August, 2001, as such it is clearly evident that the suit promissory note was filled on a later date. I submit that due to oversight of my Advocate who conducted the trial tough these aspects were raised before the Honourable Court relevant documents in support of the same was not placed before the Honourable Court. I submit that I have made hectic effort to secure the Newspapers, which published the news item against Chiranjeevi and publication inviting tenders for Railway parking contract. I submit that though I have tried my level best I could not secure the same so as to produce before the Honourable Court so as to mark the same as exhibits. I submit that the Honourable Court, being a fast track Court has to dispose the matters expeditiously accordingly disposed off the matter.
I submit that I have not obtained any loan amount from the Respondent herein and the alleged suit promissory note is not supported with passing of consideration. I submit that it is highly necessary to bring the petition-listed documents on record and mark the same as Exhibits on my behalf so as to prove my case.
I submit that due to lack of guidance I could not file these documents before the trial Court at the earlier stage and it is only at the stage of arguments my counsel, who conducted the trial advised me to secure the copies of the newspapers and relevant documents. I submit that though after hectic efforts I brought the newspapers, my counsel intimated that the Honourable Court was pleased to pronounce the judgment by then. I submit that the Honourable
(Querist) 25 July 2008
Thank you very much Mr. Krishna and Mr. Srinivas.
(Expert) 06 August 2008
Thanks for giving us a chance to improve our knowledge.