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New facts in appeal

(Querist) 29 January 2013 This query is : Resolved 
Ld Counsels,

In divorce suit if new facts emerge about the
love affair of wife only during appeal can the same be amended in appeal with additional evidence.

Thanks in advance
Prakash (Querist) 29 January 2013
Can the appellate court decide about production of fresh documents.
Devajyoti Barman (Expert) 29 January 2013
You can amend the pleading on development of subsequent fact
Raj Kumar Makkad (Expert) 29 January 2013
You cannot do it as a matter of right but do apply amendment in your written statement on the basis of fresh facts which were not in your knowledge as on that day.
R.K Nanda (Expert) 29 January 2013
yes, u can do it if appellate court allows it.


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