What is the procedure to appeal in the High Court against DC orders

660 votes

Ordinarily, when one files an appeal, all relevant and material documents including the evidence affidavit should be filed together with the appeal. However in some cases, the documents on record are either too bulky and/or the person involved does not have the documents with him. In such case, you can proceed with filing the appeal by attaching the impugned order and other documents that you have in your possession and in your appeal you can make a request to the court to either give you the liberty to file additional documents as and when the same are available with you or alternatively, request the High court to call for the records of the district court. In any event, if at present, you do not have the evidence affidavits with you, you can file the appeal with a request to allow you to file the further documents later on or request the high court to call for the same from the lower court. If you need any further assistance in filing of the appeal, do contact me. Regards.

Advocate Shikhar Khare LawRato

872 votes

It is a princple of law that evidences presented in trial are not re-examined during appeal. In an appeal before High Court as a princple of procedure questions of law are decided. Facts as such cannot be requestioned, unless the HC decides so. Also in case HC needs to reexamine te evidence it may by itself summon lower court records. You do not need to file any evidence at appellate stage.

LawRato LawRato