Raise "fraud" as a legal ground in a pending hc appeal...

Fraud is a very serious issue and earlier judgments by Apex court even states that such litigants that play fraud must be thrown out.  The court is bound to consider those facts that surfaced during the course of litigation and certainly, they can not ignore such a serious issue.  Your advocate is better in stating such fraud considering it or not is the discretion of the court.  But, once the fraud is raised, there should be some findings or observations.

Dear Ms Amita, 

As per the facts which I could gather from your query is that a matter has been decided by learned Single Judge of HC. Now appeal is pending before a Division Bench. You want to raise a issue of fact in the appeal. 

Please note that a new fact cannot be raised at appellate stage. This rule of law is even more stringent when the party who wants to bring new fact is before the High Court in Appeal as HC is not a fact finding court and hears matters only if a question of law is involved. 

However this rule has an exception. If you are able to show to the High Court that the fact which you want to add to the pleadings was not known to you or you could not have known the fact even with exercise due diligence, then the HC may allow you to add additional facts. You will have to file an Application in the LPA. 

But if you are not able to show as stated above, your application will be dismissed. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

Generally you are required to confine your submissions within proceeding before Ld. Single Judge and Trail Court, however, there is no bar to put fresh circumstances / facts / law concerning and relevant to the appeal, it shall be welcomed for proper adjudication by the DB.