Legal Question in Civil Rights Law in India
At the appellate stage an appellant can submit additional written statement if lower court has taken erroneous judgment and mistaken finding if yes then under which provision and if any citation regarding?
3 Answers from Attorneys
yes under order 6 rule 17 of code of civil procedure by way amendment in the written statement additional pleadings can be taken. pl follow this link "http://indiankanoon.org/doc/610338/" u ll find appropriate judgment of Hon'ble supreme court.
I agree with the above opinion.
the written statement already filed with the trial court cannot be amended at the appellate stage. there is no provision of law regarding this. order 6 rule 17 would not apply as it applies to amendments to be made during the pendency of the suit and not at the appellate stage when the matter has already been adjudicated upon.
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