Can relief claimed be the evidence supporting the plaintiff
MSC Shekar
(Querist) 24 April 2012
This query is : Resolved
In a Specific Releif Suit consisting of Plaintiff (private party) and two Government Departments as Defendants.
D1 is set exparte and D2 is simply denying the claim of the Plaintiff on false pretext.
The problem is that the Plaintiff does not have anything in hand as the material papers are lost.
The prayer/relief requested in the suit is the only evidence in support of Plaintiff.
Can the plaintiff summon this document (which also happens to be the relief) plaintiff is seeking to support his stand ?
ajay sethi
(Expert) 24 April 2012
how are material papers lost? he must be having xerox copuies? make an application for leading secondary evidence
if documents are in posession of defendants you can aalways issue notce to produce the said documents
Shonee Kapoor
(Expert) 24 April 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com