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vipinfo   10 January 2019

Placing findings of trial judge into high court

We have filed miscellaneous appeal against the order of first appallete court of remanding the case back to trial court for consideration of specific point. Trial court gave judgement in our favor.
In our appeal at high court, I believe my lawyer has not presented findings of trial judge that the suit can be decided without that specific point as well for which the suit has been remanded.
Suit is barred by stature and there are so many evidences from which itself the suit can be decided, why remand it then? But anyways our plaint in high court does not contains those findings that am talking, is there anyway to present them in front of the bench at High Court? I believe our lawyer has deliberately not inserted those findings of trial judge to keep the case lengthy, please help.



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