the question raised in this case is that oce a matter is decided by the lower court, but an apllication to send certain document for expert opinion should have been filed then but has not been filed hence the judgement given was not in favour of the client. but if it was so sent then it would have been in favour of the client. now that the matter is already dispossed of in the lower court. can i ask the high court to remand the matter back again to the lower court to give it for an expert opinion? do we have such a provisiion in law.
There does lie such a provision in law.
In fact the appellate court can permit it as well without remanding back the case. However the said power is to be used very sparingly and not at the drop of a hat to fill up a lacuna left by either of the parties . You shall have to justify as to why the expert opinion concerned was not sought before the trial court