Application for discovery of documents at appeal stage.
Ranganath
(Querist) 27 February 2013
This query is : Resolved
Ld Counsels,
A document was marked by petitioner as exhibit in divorce case and the case was ordered in favor of the petitioner.
In appeal is it possible for respondent to file an application for discovery of additional documents based on the document already marked as exhibit in the trial court.
Thanks in advance.
Kiran Kumar
(Expert) 27 February 2013
As the trial court has already dealt with the contents of documents, I dont think the appellate court will be interested in calling for the documents again.
However, even if a particular document has been referred as Exhibit but not duly proved, the same can not be read into evidence as an Exhibited document.
You may otherwise move an application for Additional Evidence as per requirement to rebutt the claim of other party.
R.K Nanda
(Expert) 27 February 2013
yes, u can file said application.
Raj Kumar Makkad
(Expert) 27 February 2013
If the respondent had not objected the exhibited document at the relevant time, he has no legal right to object it at appellate stage.
