Ranganath
(Querist) 02 March 2012
This query is : Resolved
Ld counsels,
I filed application for restoring my divorce suit. I didnt annex any supporint document but counter has been filed. in the mean time I have obtained pendency certificate from HC and the family court is refusing to entertain the pendency certificate. I wish to file additional affidavit also. Kindly calrify what provision of law will provide for filing document which came into existence after the filing of application for restoration.
Ranganath
(Querist) 02 March 2012
The restoration application is posted for enquiry, can I produce documents at such a stage by way of written argument under order 18 rule 2 of CPC. Thanks.
Ranganath
(Querist) 02 March 2012
Please note that wife is also a respondet in the proceedings before the HC. She had admitted the pendency of the same. do I still need to submit anythign else.
Ranganath
(Querist) 02 March 2012
Can I file proof affidavit during the enquiry. Thanks.
Kirti Kar Tripathi
(Expert) 03 March 2012
on what ground the court is refusing. moreover, if the fact is already admitted by the opposite party, you need in to give any further evidence in this regard.
Raj Kumar Makkad
(Expert) 03 March 2012
You can produce those documents while the enquiry is going on.
Shonee Kapoor
(Expert) 04 March 2012
The documents can be produced, but what are the grounds that court is refusing restoration.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Guest
(Expert) 06 March 2012
Probably, author's query is solved, as he has not responded to Shri Shonee's query raised two days ago.
Ranganath
(Querist) 07 March 2012
Thanks for the replies. The matter is posted for enquiry after counter affidavit was filed. When counter was served court didnt entertain filing of documentary evidence. This what I understood. I hope to file this document during the enquiry.
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