When to tell court about evidence?
Toughest2016
(Querist) 08 February 2016
This query is : Resolved
Hello Dear Learnered Experts,
Have researched and have asked with few of learned members in person on the question and was not able to arrive at a conclusion. Please provide your most valuable suggestions.
I have a divorce case running. I filed divorce other party filed RCR. Wife side has given WS to my petition. I am submitting my WS for RCR now.
In RCR they have mentioned 2 dates and certain occurances. On both the dates I was in a different place and hold public document to prove my claim. Please suggest, should I reveal my proofs or mention that I hold valid documents in my WS objection for their RCR or plainly deny without mentioning anything.
Your valuable suggestion would be greatly helpful.
Thank You.
J K Agrawal
(Expert) 09 February 2016
In pleadings, that is in WS it is prohibited to mention about the proof or evidence you have with you. You are to state facts only. (But in practice this rule is mostly violated by the present lawyers. Before 25 year back when I came in practice, such a thing was highly objected but now I my self violate this.)
Toughest2016
(Querist) 09 February 2016
Sir, thank you very much for your time and suggestion.
T. Kalaiselvan, Advocate
(Expert) 14 February 2016
The written statement alone shall not be a concluding evidence. The case will depend on how the same is prosecuted and defended and the merits on both the sides. So what you state is a matter o trial, do not be too concerned about such routine issue now itself.