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Sahansheela Sharma   18 November 2018

civil matter

If the court has passed a order saying that the litigated trees are no longer in existence so no remedy can be there. Can we ask for compensation in appeal? If yes then under which section


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 1 Replies

G.L.N. Prasad (Retired employee.)     19 November 2018

Strange.  When the trial court has concluded on the basis of a fact, you can only point out the issue of mistake of fact and then seek such compensation pointing out the error in trial court in not taking facts into consideration that are available in the material record before trial court.  If you have such material facts as evidence as record in Lower court, you can appeal but you can not seek any additional remedy other than what was a mistake of fact or law.  If you have prayed for such  compensation in lower court, you can establish the mistake in lower court in not taking account facts on record of existence of trees and then continue the prayers as made in lower court. (There should be some grounds for compensation in lower courts and that must have been ignored by lower court though there is evidence on record)


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