Witness at applet court

Querist : Anonymous (Querist) 12 January 2021 This query is : Resolved
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

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Quick Summary

A question arises about introducing a witness who was absent from the trial court into the appellate (High) court proceedings. While generally, this opportunity is lost, it might be possible to apply to the appellate court if there was a valid reason for the witness's absence during the initial trial. Submitting an affidavit as additional evidence is also considered.

SHIRISH PAWAR, 7738990900 (Expert) 12 January 2021
Hello,

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 goyal (Expert) 12 January 2021
Well advice by expert Shirish Panwar.

Rajendra K Goyal (Expert) 12 January 2021
Agree with the advice from expert SHIRISH PAWAR.

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