harikrishnan ( gazetted officer) 26 January 2022

Appeal case how to prove newly adduced evidence

Dear expert I am son this case i am Hari please give your kind suggestion I am defendant in lower and now appellant in first appellant court i submitted detailed appeal against judgement in favour of plaintiff patta property judgement given as gramanatham site ie govt land occupied legally living status of common people submitted sale deed and mortgage deed and 90 documents accepted after issue issue of notice against respondent/plaintiff from my advocate side after 6 month opponent party give counter they are mentioning my original document irrelevant to the case and therefore my evidence not marked as exhibit not also admitted as evidence after my counter and arguments. essence case as given in continuation

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This discussion concerns a defendant who is now an appellant in a property dispute. They are seeking advice on how to prove newly adduced evidence in their appeal case, as their submitted documents were initially deemed irrelevant and not marked as exhibits. The appellant has provided sale deeds, mortgage deeds, and other supporting documents, but the opponent claims they are irrelevant. The advice suggests filing a revision petition under Section 115 of the Code of Civil Procedure to address the order treating the documents as irrelevant.

2 Replies

Archana Pandey 01 February 2022

Dear Mr. Harikrishnan,

A revision can be filed against the order of treating the document as irrelevant under Section 115 of the Code of the Civil Procedure. Since High Court has a right to deliver the justice of the cases taken by the Subordinate Courts. However, the sole objective is to deliver the fair justice.

harikrishnan ( gazetted officer) 03 February 2022

thank you for your reply my case not disposed
my all documents received and not marked as exhibit magistrate told and opponent side counter affidavit only not counter appeal given it is fraudulent suit against me except forgery partion nothing realiable documents with them