Admissiblity of secondary evidence

This query is : Resolved 
 

(Querist)
15 November 2019

hello dear lawyers,

I have a civil suit pending against me and i am defendent

Q1) Is it possible to submit the certified copy as secondary evidence in the last stage of case(Arguement)?
Q2) Under what provision in evidence act ,it is possible?

If evidence stage , additional evidence stage is gone , how is it possible to mark 2,3 documents which are very important to be read by judge?

please guide me


Dr J C Vashista (Expert)
16 November 2019

Read Order XVIII Rule 17 CPC and apply.

K Rajasekharan (Expert)
16 November 2019

Normally documents should be produced before the settlement of issues but not afterwards, as per Order 13 R1 of the CPC.

However depending on the facts and circumstances of the case in hand the court has power to receive any document at a later stage, if it is so relevant to decide the issue before the court, as per a case law, Billa Jagan Mohan v Billa Sanjeeva : (1994) 4 SCC 659. (Kindly Note that this one is a pre-Salem Bar Association case law).
The O 18 R 17 refers to the recall and examination of witness, but does not mainly focus on the production of documents.

Even then since the Order 18 Rule 17 A has been repealed, it is quite improper for the court to receive documents at the stage of final arguments.

Anyway, this seems to be more a matter of discretion by the court rather than a matter of interpretation of rules and procedures. The rules, in fact, stand slanted in favour of disallowing the production.

Therefore if the court allows the production of the document in consideration of the fairness and reasonableness of the case in hand and as you are the defendant, it is possible; otherwise not.





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