RAISING OF FRESH ISSUE IN APPEAL

In appeal, can a document, which left in trial court due to lack of knowledge ( i.e. discovered recently) be produced and get exhibited/marked, which is vital.

This is a property dispute the plaint says that defendant was appointed as priest and offered 2 rooms for residence behind temple free, the defendent says the property was gifted and he says he carried out some construction long back hence sought benefit of principle of estopple. the trial court decided in favour of defendent. the disrict court reversed the judgement saying whatever construction has been carried out that is under ownership of plaint then the defendent sought benefit under section 60 b of easement act which district court rejected saying issue was not raised in trial hence enough evidence could not be led whether construction is of permanent nature, the High Court agree with disrict court now the matter is before SC

well if the trial court has overgone the pleadings then only a issue can be raised first time in appeal subject to condition that you have not lead any evidence on that issue or failure by the trial court to frame issue on particular pleading aspect has prejudiced you Order 41 rule 23 appeallete court can frame issue and remand the matter to trial court to give findings by inviting evidence of the parties on the famed issue whether you have taken the alternative plea of easment the exact answer can only be given after perusal of plaint or written statement

ans to the qurey

Ashutosh Jayaswal

Yes there is provison UO 41 rule 27 CPC file an application under this order stating in what manner the document in question is vital and it will assit the Court to pronounce judgement more effectively

Thanks for the reply. Mr. Raghav Soodji.

I agree with Raghav sood's views. But the scope under Order 41 rule 23 is not wide open.