Dear Sachin,
Thanks. Will the documents be allowed later? Because CPC order VIII says following:
ORDER VIII- [145][WRITTEN STATEMENT, SET-OF AND COU
NTER- CLAIM]
1. Written statement— [146][(1)] The defendant [147]****shall, at or before the first hearing or within such
time as the Court may permit, present a written statement of his defence.
[148] [(2) Save as otherwise provided in rule 8A, where the defendant relies on any document (whether or not in his possession or power) in support of his defence or claim for set-off or counter claim, he shall enter such documents in a list, and shall, —
(a) If a written statement is presented, annex the list to the written statement : Provided that where the defendant, in his written statement, claims a set-off or makes a counter-claim based on a document in his possession or power, he shall produce it in Court at the time of presentation of the written statement and shall at the same time deliver the document or copy thereof to be filed with the written statement;
(b) If a written statement is not presented, present the list to the Court at the first hearing of the suit.
(3) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
(4) If no such list is so annexed or presented, the defendant shall be allowed such further period for the purpose as the Court may think fit.
(5) A document which ought to be entered in the list referred to in sub-rule (2), and which is not so entered, shall not, without the leave of the Court, be received in evidence on behalf of the defendant at the hearing of the suit.
My case is not in Delhi.
Robin.
