File review application before trial court

Order 47 deals with the procedure with respect to the disposal of such applications for review. Rule 1 of this Order, however, mentions in Sub-rule (1) not only the grounds on which an application for review of judgment can be filed, but also the decree or orders against which such an application can be filed by a person considering himself aggrieved by the decree or order. Sub-rule (2) of Rule 1 of this Order mentions the special circumstances in which a person who has not appealed may apply for review of judgment

1 I believe you must have preferred an appeal.

2. If that is so then file a petition for additional evidence in the appeal court under order 41 rule 27 of cpc read with section 107.

3. However to do so you need to establish that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed.

4. If court is so satisfied it can remand the case once again to the trial court to retry on taking this additional evidence on record.

Your lawyer will draft the review application

He has to make out a case for review of the order

Ask your advocate to draft such application. Format are not supplied here unless you take professional assistance.

You have to establish before court that the evidence was not in your knowledge or couldnot be produced after due diligence the court shall accept such evidence. The condition from order 41 rule 21(1)(a to c) has to be satisfied read with the section 107(1)d.

There not anything like format a simple affidavit for purpose has to be done and it has to be drafted in conciseness with your facts and condition enumerated under order 41 rule 27. the drafting has to be done in such a way that it satisfies that why condition were not fulfilled at time of trial stage. let your lawyer draft it and you can consider case law for reference.

In the case of  Mahavir Singh and others ­Vs­ Naresh

Chandra and another, reported in AIR 2001 Supreme Court ,134

the Hon'ble Supreme court held that" Section 107 CPC enables an

appellate Court to take additional evidence or to require such other

evidence to be taken subject to such conditions and limitations as are

prescribed   under   Order   XLI   ,Rule   27   C.P.C..   The   Court   is   not,

however, bound under the circumstances mentioned under the rule to

permit additional evidence and the parties are not entitled, as of

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right, to the admission of such evidence and the matter is entirely in

the   discretion   of  the   Court,  which  is,  of   course,   to  be   exercised

judiciously and sparingly. Order XLI, Rule 27,CPC  envisages certain

circumstances when additional evidence can be adduced. 

Partition­Sell   of   Joint   family   property   by   Karta  

This should be of some use to you:

IN THE COURT OF _____

_____ Versus _____

CLAIM PETITION U/S _____ OF _____

APPLICATION FOR ADDUCING THE ADDITIONAL EVIDENCE BY WAY OF TENDERING _____ OF THE _____ OF _____ BEFORE THIS HON’BLE COURT.

RESPECTFULLY SHOWETH:

1- That the above noted case is pending in this Hon’ble court and is fixed for _____.

2- That applicant/respondent could not produce the _____ of the _____ of the respondent No.1 issued from the _____ before this Hon’ble court at the time of his evidence.

3- That the _____ of the _____ is the necessary document for the proper adjudication of the above noted petition.

4- That now the applicants/petitioners want to adduce his evidence by way of tendering the _____ of the _____ before this Hon’ble court.

It is, therefore, prayed that the applicant/respondent No.1 may kindly be allowed to adduce their additional evidence by way of tendering the _____ of the _____ before this Hon’ble court in the interest of justice.

Dated:_____

APPLICANT /RESPONDENT No.1

Through counsel

_____ Advocate, _____

This is the affidavit to be attached:

IN THE COURT OF _____

_____ Versus _____

CLAIM PETITION U/S _____OF _____

APPLICATION FOR ADDUCING THE ADDITIONAL EVIDENCE ON BEHALF OF THE PETITIONER.

AFFIDAVIT

I, _____ son of _____ resident of _____, District _____, do hereby solemnly affirm as under:-

1- That due to the negligence of counsel of deponent, the deponent, could not produce _____, _____ who issued the _____ to the deponent in which the petitioner _____ issued by the _____ is already on the court record and the said certificate is required to be proved by the said _____. However, it is also made clear that the age of the deponent is _____, so it is necessary to produce the said wittiness before this Hon’ble court in order to decide the matter effectively and completely. The deponent tried to his best and made the diligence to produce the aid witness but the statement of the said witness could not be recorded in this Hon’ble court while the deponent has already deposited the expenses of the said witness

2- That the statement of the said witness is very necessary to prove the said _____ certificate of the deponent and if the said witness is not allowed to be produced by the petitioner in this Hon’ble court and the said _____ certificate of the deponent is not proved on the file, the deponent will suffer a great financial loss beyond his control

3- That there is no fault of the deponent in producing the said witness at the time when the petitioner led his evidence because inspite of deposition of the expenses of the witness, the said witness could not produce and examined due to the negligence of the counsel of the deponent

Deponent

Verification:-

Verified that the above contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Verified at _____ on _____

Deponent

Yes, you have very rightly done the above.

You can have it online also through the services of Kanoon of drafting documentation.

27. Production of additional evidence in Appellate Court.- (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if—

(a) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or

(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be exam med.

(2) Whenever additional evidence is allowed to the produced, by an Appellate Court, the court shall record the reason for its admission.

Thus, you can file a petition under the said provisions of law along with the memorandum of appeal if your suit was dismissed on this ground

review appeal has been filed in the district court all I want is format of order 41 rule 27 for my case.

There is no format required to be filed before court, it shall be an application in the same appeal.