(Guest)

Evidence found 2 years after order in the state commission

I have found new evidence in a consumer case which would help me recover loss that was caused to me by the respondent.

1. The order in the consumer case is 2 years old. In the order itself it is written that if I could get this evidence the court could have awarded me the X amount.

2. The respondent had preferred an appeal and in the counter reply of their appeal I have prayed to the applellate court to award me the X amount which is mentioned in the previous courts order.

I request you all to please tell me....

1.which is the right court for me to petition for the X amount. Is my prayer in the counter of the respondents appeal right/enough?

2. Or should I approach the court which had given the order. what kind of petition will I have to file?

3. Since the evidence I have got is related to the existing case, will I have to serve a fresh notice to the respondent?

Please help.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 31 December 2013

You cannot fight the disposed case afresh on the basis of discovery of new evidence. Once the case is decided, your choice is only to prefer an appeal against the judgment if you are not satisfied/aggrieved over the judgment. You cannot produce the new evidence in your appeal too because it will be considered as filling up the lacuna and not permitted.

Shantilal Pandya ( Advocate) 11 July 2014

Production of evidence at a late stage even when appeal by the other side is pending may be allowed and is permissible on the ground that discovery of evidence which was not available even by due diligence provided that the evidence is relevant and that the respondent is permitted filing of cross objections in the interest of justice, as the procedural provisions are handmaid of rendering real and substantial justice, such a course is not prohibited by law