12 January 2021
One marginal witness didn’t appear in the trial court. Now the case is in appellate court (High Court). Is it possible to fill this lacuna in the appellate court ? Now the witness is clear and ready to appear in the court. If Possible, can you please provide any reference ? Can this lacuna be filled by providing the Affidavit of the witness as Additional Evidence ? Thx in Advance
You cannot fill the lacuna in appellate court. You have lost the opportunity to produce the witness in the trial court. However, if you have a valid reason for not producing before the trial court. Then you may apply to the appellate court.