Witness at applet court

This query is : Resolved 

Querist : Anonymous (Querist)
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

SHIRISH PAWAR, 7738990900Online (Expert)
12 January 2021


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.

Advocate Bhartesh goyalOnline (Expert)
12 January 2021

Well advice by expert Shirish Panwar.

Rajendra K Goyal Online (Expert)
12 January 2021

Agree with the advice from expert SHIRISH PAWAR.

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