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Sandeep Didwania (a)     31 July 2015

evidence by def without filling written statement

Can a defendant who has not filed the written statement adduce his evidence? In the case in hand the defendant have already adduced his evidence and was subsequently cross examined, but at the appeal stage the plaintiff side have filed an objection against the said evidence of the defendant who have not filed his written statement. What grounds can be taken against the said objection?


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 1 Replies

Advocate Bhartesh goyal (advocate)     01 August 2015

Plaintiff should have raised the said objection at the time of recording evidence,now at appelate stage his objection is not sustainable.once the statement has been recorded without any objection and  plaintiff has also  cross examined the witness,he is estopped to raise such objection.  


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