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evidence not available yet pending in other court
18-Sep-2025 (In Divorce Law)
In one court my divours on adultry and cruality at the stage of judgement.
based on some evidence the judgement will be favour to me
In another court there is an dvc case pending on me in that case a have fileed a crmp for my spouse bank statement it is an crucial evidence
My dout is if opposite party prefer to go for appeal in hicourt after trial court judgement can i add that bank statement evidence in hicourt which is not available during trial stage and pending in dvc
In appeal proceedings before the High Court, only the evidence that was brought on record in the trial court is generally considered. However, if you have crucial documents like bank statements that were not available or produced during trial, you can file an application under Order 41 Rule 27 CPC seeking permission to bring additional evidence on record. The High Court will allow it only if you establish that the evidence is material, relevant, and could not be produced earlier despite due diligence. Therefore, it is advisable to press this evidence at the earliest stage, but you do have the legal remedy to move an application in appeal for admission of such documents.
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Adv. Pavani Kumari
Adv. Pavani Kumari
Guntur | 400+ Answers
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Yes, you can submit the bank statement at the High Court stage, but only with the court's permission. Under Order XLI Rule 27 CPC, additional evidence can be allowed in appeal if:
1. The evidence was not available despite due diligence during the trial.
2. It is necessary for the court to pronounce a fair judgment.
3. It has a direct impact on the case outcome.
Since the document is currently pending in the DVC case, you must:
File an IA (Interlocutory Application) in the High Court explaining why it wasn't produced earlier.
Attach certified copies once received.
Show that the evidence is crucial to proving adultery or cruelty.
The High Court will allow it if it finds it essential to deliver justice.
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Adv. Sujith Kuchipudi
Adv. Sujith Kuchipudi
Rajahmundry | 50+ Answers
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Yes, you can seek to bring new evidence (such as your spouse’s bank statement) at the High Court stage, but you must file an application under Order XLI Rule 27 CPC (production of additional evidence in appellate court). The High Court will allow it only if you can show that the evidence was not available during the trial despite due diligence, or is necessary to pronounce a just decision.
Since your DVC case is still pending, you can also move an application in that court to summon or produce the bank statement as evidence there. Make sure to maintain consistency in pleadings across both cases so that it strengthens your divorce case and does not contradict your defense in DVC.
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Adv. Mrudhula Jahnavi
Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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