A Temp Injuction suit on property was filed by party X against Party Y by creating fabricated story that party Y tried to dispose the property by calling brokers and Buyers on "01/10/2006" without the knowledge of party X who had some rights (Party X being wife of Party Y)
The court decided the suit in Favor of Party Y and dismissed the plea of X.
X goes to high court in appeal , however in the appeal does not make the said incident of attempt to sale or property as ground of appeal that was corner stone of the injunction petition(calling broker and buyer etc)
the entire fabricated story is missing in appeal and grounds for appeal have made on points that were not part of original pleading . meaning an incident happend in 2011 has been as ground of appeal for this petition that was filed in 2006. the statement of witnesses have been made ground however this witnesses do not form a part of orginal pleading nor there is anything related to said petition.
however being the first appeal the same has been admitted
My question here to forum is since the alleged corner stone incident(01/10/2006) that formed the basis of petition , initself is not present in appeal, and i need file response would like to know under what section i can challange the appeal. please note i need to frame response and hence need section .
also since the facts made as ground of appeal do not form the part of orginal issue or pleading under what section the same can be challanged
i am aware that the party Y does not have ground and the appeal is liable to be rejected , i still need to frame reply for court and request help on section
