Additional documents at the stage of rejoinder
Aditya Dev
(Querist) 29 June 2017
This query is : Resolved
In our case the plaintiff in his plaint has not produced any documents which supports his claim of amount owed to him by us. We are the defendants in this case. Now he is seeking to file additional documents which are statements of account to justify his claim at the stage of rejoinder.
My question is: Can the plaintiff file additional documents at the stage of rejoinder when he never submitted those along with his plaint and did not produce any reason for such delay.
Even Or. 7 R 14 is very clear that documents on which you place reliance should only be filed along with plaint except when you have sufficient cause for the delay. In our case he has no reason for delay.
It would be helpful to get his claim thrownout as the only document he has is the statement which he is filing now??
R.K Nanda
(Expert) 29 June 2017
with permission of court he can file them.
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Aditya Dev
(Querist) 30 June 2017
But the thing is he has not sought the permission of the court, he has just attached the documents with the rejoinder. Sir, do you have any judgment to the effect which says that without approval of the court he cannot present additional documents and when the additional document is the main document on which his claim rests then he should have given it with plaint. He has no reason or justification for the delay.
Please sir, any help will be appreciated.
Aditya Dev
(Querist) 30 June 2017
I Hope that the message is clear. If any doubt, please feel free to ask.
