abhijit (legal ) 29 April 2008

filing new evidence in high courts

hi,

i have to file some documents in high court (allahabad) in an appeal on injunction matter. These documents are very crucial and have recently come to my knowledge. They can turn around the case in my favour. However, these were not filed in lower court. How to file these documents in high court and as what? as additional affidavit or as supplementary affidavit or as an application? and under which provision?

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4 Replies

punit jain (Legal Manager) 03 May 2008

Dear Abhijit, You can file additional documents under the provision of Clause (aa) of Section 1 of ORDER 41 RULE 27 of CPC as these documents were not within your knowledge at the time of evidence. You may move an aaplication under ORDER 41 RULE 27 to produce an additional evidence alongwith the Memo of Appeal. PUNIT JAIN, Advocate Chandigarh.

Ajay kumar singh (Advocate) 03 May 2008

The advice of Mr.Punit Jain is quite correct.You may proceed accordingly.

Ashok Sinha, Jabalpur (Advocate High Court Civil) 18 May 2008

The advice of Mr.Punit Jain is quite correct.You may proceed accordingly.

Guest (n/a) 25 June 2008

O 6 R 17 of code of civil procedure debars from producing new documents or amendements after the trial has begun, if it turns the case in your favour.

Check for the provisions beforehand.