Order 47 rule 27
a.b.natraj
(Querist) 16 December 2012
This query is : Resolved
A relevant deposition of a person filed as a additional evidence before the appellate court, for the purpose of contradict.now the evidence may accept by the appellate court or should be sent to trial court for take evidence ? kindly any one of our member say suitable judgement regarding this.
Raj Kumar Makkad
(Expert) 16 December 2012
Appelate court can adopt either of the process viz. may record evidence and go ahead in decision of the appeal and may also remand to lower court for recording the evidence and then move back the appeal for disposal.
This is an administrative law requires no judgment.
R.K Nanda
(Expert) 16 December 2012
ur query comes u/o 41 R 27 of CPC.
appellate court can take evidence by it or can
send it to trial court to take evidence.
a.b.natraj
(Querist) 16 December 2012
Thanks to our members for sharing their knowledge to my quire.
Appellate court can take evidence by it or
can send it to trial court to take evidence.
suppose the appellate court can reject these
two above optional and can deliver the
judgement without considering the evidence ?
Raj Kumar Makkad
(Expert) 16 December 2012
This is basic question and a twist to your earlier query. All experts have replied as if such application had been got allowed.
If the same is rejected, no query arise as have you posted here.
Why are you wasting time of experts if the facts are imaginary.
ajay sethi
(Expert) 16 December 2012
we dont reply to academic queries
R.K Nanda
(Expert) 16 December 2012
expert section is not time pass and do not waste experts time.
