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vishvesh (general manager)     02 June 2010

dist court

i have appealed in dist court against judgement in lower court. What is the difference between lower court and dist court. What care i should take in dist court. What is more important, documents or witness. Can i give more documents and wittness in upper court .

vishvesh 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2010

If the appeal is against the judgement and decree of the Civil Judge senior division then you can file an appel in the Dist, Court, if judgement and decree is of junior division appeal lies with senior division civil judge. Dist., court is appellate court.

You have to argue on the judgement passed by the lower court, you have to point out the mistakes done by the lower court/

YOu can also produce the documents with the permission of the court by filing an application to produce the same, it is your duty to show the reasonable grounds to produce the documents in the appeal., court can permit you or it may reject your application.  YOu cannot lead tjhe evicence of the wittnesses in the appeal court.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 June 2010

In Lower court/Trial Court, lot of procedures to be followed and arguments are made on the support of documents filed, evidences let in by both the sides.

 

In Appellate Court, it is argued in way that the Trial Court rightly appreciated the evidences and documents produced or not. If required, additional evidence can also be marked

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     03 June 2010

regarding to lower court  it  do all the ground work i.e; receiving stattements,setting issues,examining the witnesses hearing arguments and the scope of the lower cout is wide untill it pass the judgment if the court pass the judgment its decission is final

appeallate court: it has wide scope it can set aside the lower courts judgmant or remind the case to lower court for proper answering the issues.it hear the arguments on both side as a matter of right but if any party wants to file any documents or examining the witness they cant do as a matter of right they have to file an petition for documentary,orl evidence if the court feels that those documents will leads to justice to the litigant it will allow the application else it will be dismissed.if we won file an appeal in time the court wil reject the appeal unless we file a petition u/s5 of limitation Act court will not condone the delay


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