Aqddl documents at cross ex
vinaykala
(Querist) 09 April 2012
This query is : Resolved
i have filed a suit in del high court for posession of my property on which the defendant, my younger brother was running a guest house.
my cross ex is on april 18 as the principal witness;l;
my query is :-
if during the course of the cross examination if i find that i can add to my reply through an additional document which has not yet been filed , can i do it?
pl enlighten sir
vinay kala
april 09,12
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 April 2012
You have to first apply and seek permission for submission of additional documents which may or may not be allowed depending upon the legal objections of the opponent.
Raj Kumar Makkad
(Expert) 10 April 2012
There is no need to seek prior permission to file any additional evidence during the cross-examination of a witness.
vinaykala
(Querist) 10 April 2012
thanks makkad sahab,
it is a straight , unequivocal reply which i do appreciate.
thanks sir
vinay kala
april 10,12
vinaykala
(Querist) 10 April 2012
resolved sir
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 April 2012
Your querry is resolved it is good but the law in this matter is like this-
CPC ORDER 41 RULE 27.
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
1[(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 examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.
1. Ins. by Act No. 104 of 1976 (w.e.f 1-2-1977).
vinaykala
(Querist) 10 April 2012
dear sir,
a clarification.
i am referring not to an appellate court .
my query is that i have filed a suit for possession and am to be cross examined.
if need arises can i submit fresh evidences through documents with or without permission of the court.
pl do cite references if you can
regards
vinay kala
april 10,12
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 April 2012
You say you have filed a suit in HIGH COURT so whether it is original suit or appellate suit.
Even for original suit the principle that you can not deviate from your pleadings will apply except by permission of court as per the provisions of law.
And you say your problem is resolved. If any such evidence is allowed without hearing the opponent it is a hanging sword since the matter will surely be contested in appeal or revision.
vinaykala
(Querist) 10 April 2012
dear sir jsdn,
this is the original suit.
i now understand from your advice that i should sub mitfresh documents on cross ex only after the permission of the court, since this issue will be contested in appeal if i do not do so.
i take this as your final advice.
thanks sir
