No proper apportunity to prefer appeal

basavaraj shiromani (Querist) 28 June 2014 This query is : Resolved
in a partition suit, one of the defendant who purchased the ancestral joint family property, even after filing his WS, failed to aduce on the part of his evidence. Suit for partition was decreed agaisnt. Subsequently, the purchaser preferred an appeal on the grounds that proper apportunity was not given by the lower court. Is it a proper ground to prefer an appeal. No further grounds are mentioned

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Devajyoti Barman (Expert) 28 June 2014
iT IS A GOOD GROUND UNLESS IT HAPPENED DUE TO LACHES OR REFUSAL ON THE PART OF THE APPELLANT.

R.K Nanda (Expert) 28 June 2014
it is very weak ground to prefer an appeal as appellant
failed to adduce his evidence in lower court.

Laxmi Kant Joshi (Expert) 28 June 2014
The appeal will not sustained in the higher court as appealant is failed to adduce his evidence in the lower court .

ajay sethi (Expert) 28 June 2014
it is not a proper ground for filing appeal if sufficient time had been granted to appellant to adduce evidence before trial court

Rajendra K Goyal (Expert) 28 June 2014
Agree with the expert ajay sethi ji and other experts Nanda ji and joshi ji.

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