Marking of documents as exhibits
surjit singh
(Querist) 02 August 2013
This query is : Resolved
The plaintiff adduced witnesses and during the deposition of witnesses the plaintiff produced various documents. Now the deposition of witnesses from the side of the plaintiff has been closed and the defendant is yet to start deposition of its witnesses.
Due to inadvertence the documents were not marked as Exhibits during the deposition of witnesses from the plaintiff side. (i.e. registered sale deeds, mutation order of Circle Officer, Revenue payment receipts)
In this respect I am to say that there are various judgement of Apex Court which says the marking of documents as exhibits is only for convenience of the court. Just marking of Exhibits by the court does not dispense it from proving the documents.
Now if during the cross examination of the defendant's witnesses the plaintiff counsel can ask for marking of the plaintiff documents, whether it will affect the case of the plaintiff.
Devajyoti Barman
(Expert) 02 August 2013
If the documents re vital then it is better for plaintiff to recall the witness and ask for exhibiting the documents.
surjit singh
(Querist) 02 August 2013
My question is whether the marking of exhibits can be done during the cross examination of the defendant's witnesses. The sale deeds is the deeds by which the petitioner is claiming the right.
prabhakar singh
(Expert) 02 August 2013
Marking of exhibition of any document is done after it gets formally proved by oral evidence of party who produced it.
R.K Nanda
(Expert) 02 August 2013
the plaintiff cannot exhibit his documents
during the X of defendants witnesses.
instead plaintiff must recall his witnesses
to get its documents exhibited by moving
application u/s 151 of cpc.
V R SHROFF
(Expert) 02 August 2013
Maker of Document should prove it , toexhibit it.
surjit singh
(Querist) 02 August 2013
In the present case the plaintiff has inadvertently failed to exhibit, although the documents has been submitted before the Court, and the documents are 1) registered sale deeds, 2) revenue receipt and 3) the mutation order. All these documents are public documents within the meaning of section 74(2)of the evidence act.
What are you views, whether the case of the plaintiff will be affected. What is the easiest way to cover up the infirmity.
R.K Nanda
(Expert) 02 August 2013
if plaintiff fails to exhibit his documents
then his case is most likely to be dismissed by court.
Raj Kumar Makkad
(Expert) 03 August 2013
Exhibition of the documents is must to prove the case based on the documents so better to adopt the way told by experts.
