Appeal to district court
raghavendra
(Querist) 25 March 2018
This query is : Resolved
Sir.
In the year of 2006 I have filed the suit for partition and separate possession, same got dismissed by senior division court, for non production of all documents.
During the pendency of the suit my brother sold some the suit schedule property.
Now I am filing appeal before district court, please advise me how to submit additional documents which was not produced in suit and how to add additional prayer in appeal that declare the sale deed executed not binding on me being entitled for equal share.
Thanking you
Advocate Bhartesh goyal
(Expert) 25 March 2018
You have to file an application u/ order 41 rule 27 of cpc for submitting additional documents ( evidence ) in appeal but Court will decide said application with appeal and in case said application is allowed then you will get Chance to exhibit said documents.
Kumar Doab
(Expert) 25 March 2018
You can benefit from the post of Mr. Bhartesh Goyal…
Ms.Usha Kapoor
(Expert) 26 March 2018
I'm citing a Supreme court decision for your benefit below> Please go through it.
Order 41 Rule 27 CPC contemplates that wherever additional evidence is allowed to be produced by the appellate Court, the court should record reasons for its admission. We find that the first appellate Court did not reject the application under Order 41 Rule 27 CPC, nor did it assign any reasons while recording that only production of the documents was allowed. We are of the view that the procedure adopted was incorrect. The first appellate Court ought to have passed an order in respect of the application under Order 41 Rule 27 CPC, either allowing or rejecting the application. The first appellate Court has considered the application as if it was one under Order 13 Rule 1 CPC and not under Order 41 Rule 27 CPC. The High Court ought to have therefore interfered in the matter by raising an appropriate question of law. It failed to do so. The judgments, therefore, call for interference. 5. We, therefore, allow this appeal and set aside the judgment and decree of the High Court and first appellate Court and remand the matter to the first appellate Court with a direction to consider and dispose of the application under Order 41 Rule 27 CPC in accordance with law and then decide the first appeal.
Posted by advocatemmmohan â‹… February 23, 2013 â‹…
Filed Under Appeal, Appellate Court, Court, High Court, Plaintiff, Ridhora, Supreme court, Trial Court
IN THE SUPREME COURT OF INDIA
Appeal to the Great Spirit
Appeal to the Great Spirit (Photo credit: cliff1066â„¢)
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5185 OF 2008
[Arising out of SLP(C) No.14423/2007]
NAMDEO S/O BAPURAO BANSOD …….APPELLANT(S)
Versus
TUKARAM S/O MAROTRAO JADHAV …..RESPONDENT(S)
O R D E R
Dr J C Vashista
(Expert) 29 March 2018
What an irrelevant and unmindful citation quoted, waah!!
The author should consider legal advise of expert Mr. Bhatersh Goyal, I agree.
However, instead of making a mess by seeking an opinion and advise on this platform (except the fact it is available FREE OF COST), rely upon the advise of your lawyer who is well aware about the facts of the case and law applicable on the issue, able, competent and intelligent enough to guide and proceed appropriately.
