Document rejected at appellate court at admission stage
M Satyanarayana
(Querist) 01 February 2013
This query is : Resolved
Sir,
If the defendant/respondent files document under Order 41 Rule 27 C.P.C. in the appellate court and is rejected at the admission stage itself without any directions for remand to trial court and the same documents reproduced in the trial court under Order 8 (1)(a) Counter claim. Can the defendant has legal right to agitate the case in the same suit that has been produced in the appellate court and again produced the same documents in the trial court. What evidence is required to prove the same.
Is plaintiff/petitioner has any right to defend the same under law against rejected document? Can defendant enforce his right to maintainability and tenability in the court.
Please kindly advise whether such documents are tenable or maintainable under law.
Thanking you,
R.K Nanda 
(Expert) 01 February 2013
what is the type of ur case?
R.K Nanda
(Expert) 01 February 2013
u can get proper reply only after u tell about the type of ur case viz,partition,
possession or any other type.
Raj Kumar Makkad
(Expert) 03 February 2013
Once the application seeking additional evidence has been rejected by the appellate court, the same documents cannot be brought before the lower court.
