PHANEENDRA (md) 25 December 2014
Dear all,
We lost a consumer case in district forum because of poor presentation by lawyer chosen by me.here with i am attaching a copy of judgement passed by district forum and in this case few evidences which are shown by us rejected by the district forum can i apply in state forum on the same issue to get justice.
Regards
phaneendra
Hardeep (Business) 26 December 2014
The judgement is clear and cogent, IMHO.
Unless you have strong evidence which was not considered by the District Court, but was submitted, applying in State Forum will be fruitless.
Your complaint from beginning itself is based on statements not substantiated by evidence - it talks of an agreement which evidence states was cancelled later ! An agreement for much higher amount was entered into, which you have not paid and the Opposite Party has already filed a case for recovery . There are further evidences- completion certificate for example which go strongly against your assertions.
PHANEENDRA (md) 27 December 2014
Thank you hardeep ji,
Apart from this the case which was failed by the party by using forged signatures of my parents.
About the completion certificate the chartered engineer given the certificate two times one time before completion work to contractor and second time to us after we have done balance works with local contractors.
here my doubt is in higher court can we show some more evidences which were not shown in the district forum.
Regards,
y.v.phaneendra
Hardeep (Business) 28 December 2014
1) All evidences have to be given in the first suit itself.
2) During appeal, allowing additional evidence is not discretionary but judicial. Order XLI, Rule 27 of CPC holds which says :
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27. Production of additional evidence in Appellate Court.- (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if— (a) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or (aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Whenever additional evidence is allowed to the produced, by an Appellate Court, the court shall record the reason for its admission. |
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This would require substantial skills and efforts -take help of a local competent lawyer with full facts and proceed accordingly.
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