My Friend wants to know that ,Whether the appellant can legally tender additional evidence in appeal against the eviction decree under order 41 rule 5 of CPC?
AMNEET KANT (CLERK) 14 August 2010
My Friend wants to know that ,Whether the appellant can legally tender additional evidence in appeal against the eviction decree under order 41 rule 5 of CPC?
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 14 August 2010
Yes after giving reasons why the same were not given earlier.
dalwara (advocate) 14 August 2010
yes,but only with the permission of court. Permission can be granted by court, if one satisfies the court that before trial court, the evidence ought to be produced was not available due to some reason or out of court of the party, or conceiled by the opposite party or could not be produced by the party concerned due to some valid reason.