RAHUL GUPTA (MANAGER) 15 September 2019

Witness already examined, appear in rebuttal evidence ?

I am plaintiff in a Civil Case for possession of a property. I have been cross-exmained as a witness in Plaintiff Evidence Stage

No I want to counter the new documents produced by the defendants in his evidence. These documents are rpeortedly false and fabrocated as per the information procured by me through RTI Act 2005..

Evidence of Plaintiff and Defence are over and closed and Case is scheduled for Rebuttal Evidence . .

Can I appear as a witness in Rebuttal Evidence to disprove the documents of defence with documents obtained under RTI Act 2005 as above ( These documents will be presented to court to be taken on record through Application under Order 7 Rule 14 ) OR do I need to present another witness who has never been exmained earlier .

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2 Replies

G.L.N. Prasad (Retired employee.) 16 September 2019

Please take the guidance of the Advocate, if the documents are presented by a witness during deposition, your advocate should have cross-examined that witness. However, the court will certainly consider any new fact that comes into the light, if a petition is filed. New documents can also be filed with the permission of the court, and a witness can be recalled and examined in the interest of justice if those facts are material in deciding the suit.

RAHUL GUPTA (MANAGER) 16 September 2019

Thank you for your reply. Even my advocate was a bit confused on the question I had posted, hence help of learned members was sought . Just to clarify on the reply given by yourself, please note that at the stage of Rebuttal evidence though my advocate has already cross examined the defence witness on disputed questions but the documents under RTI were procured between Defence Evidence and Rebuttal Evidence stages. Hence these need to be proven through my evidence in Rebuttal Evidence . So, my question is ''' Can I still appear as a Rebuttal Witness, I have been cross examined during Plaintiff Evidence on other issues than pertaining to the new documents "" ?