Cross examine in appeal

Querist : Anonymous (Querist) 12 June 2010 This query is : Resolved
sir,
During trial of a title suit which lasted for 10 yrs oppo did not cross examine the witnesses and even did not get their documents marked/exhibited. Now can they at appeal call the witnesses for cross examine and get their document marked/exhibited?
Thanks to all

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Adv Archana Deshmukh (Expert) 12 June 2010
No.

Guest (Expert) 12 June 2010
KINDLY NOTE THAT APPELLATE COURT WILL CONSIDER THE PRAYERS AND IF APPEAL IS ALLOWED THEN APPELLATE COURT MAY SEND THE MATTER BACK TO THE LOWER COURT FOR CROSS EXAM AND ALSO RECORDING THE EVIDENCE OF RESPONDENT.PLEASE NOTE.

Devajyoti Barman (Expert) 12 June 2010
The appellate court can send the case on remand to the lower court for making exhibit of certain documents left at the time of trial by exercising its power under Order 41 Rule 27.

Swami Sadashiva Brahmendra Sar (Expert) 12 June 2010
kindly see, order 41 r. 27 of CPC which provides for production of additional evidence whether oral or documentary, in appellate court in certain circumstances.

Raj Kumar Makkad (Expert) 12 June 2010
I have similar opinion as of all other experts on this subject. appellate court can remand the case.

G. ARAVINTHAN (Expert) 13 June 2010
not possible to cross examination directly.
But if you file application for additional documents, then other party gets right to cross examine.

Uma parameswaran (Expert) 14 June 2010
If there is a chance for reverse the lower Court Judgement then only O41 R27 petition shall entertained.

M/s. Y-not legal services (Expert) 08 October 2010
If cross examination alone mean its not possible.. But you can file petition for marking of documents.. The appellant court wil send the case to lower court.. There you can also can file petition for reopen the case for evidence..

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