Add new evidence before interlocutery order
Vinesh K Chhaya
(Querist) 25 March 2012
This query is : Resolved
I have lodge regular civil suit. Respondents applied for dismmisal of suit under order 7 rule 11(d) on ground of limitation... the arguments between us (Aplicant and respondents) done. Now at this stage I have got some more evidence which can prove the said tansaction (Issue of suit) is void ab initio. So I want to add with my arguments according the application made by the opponents under order 7 rule 11 (d). so which provision can help me to do so.
SAINATH DEVALLA
(Expert) 25 March 2012
Dear Vinesh,
You can apply for submission of further evidence,even after the arguments are over.That is known as submission of secondary evidence.
Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence.
Courts prefer original, or primary, evidence. They try to avoid using secondary evidence wherever possible.
After hearing arguments by the parties, the court decides whether to admit secondary evidence after determining whether the evidence is in fact authentic or whether it would be unfair to admit the duplicate. However, when a party questions whether an asserted writing ever existed, or whether a writing, recording, or photograph is the original, the trier of fact makes the ultimate determination.
adv. rajeev ( rajoo )
(Expert) 25 March 2012
Now you cannot produce any documents because defendant has sought for dismissal of the suit on limitation point, on which already argument is heard. If your suit is maintained then you can produce the documents
Adv.R.P.Chugh
(Expert) 25 March 2012
Dear Querist,
Let me set a few things straight :-
O 7 R 11 deals with REJECTION OF PLAINT (not dismissal of suit) there is a vital difference between the two. O 7 R 11 is concerned with the maintainability of the suit rather than its sustainability if you appreciate the difference. When the defendant moves an application under the above order he says that notwithstanding the reply on merits - I want to contest the suit on its very maintainability. He appears to have taken the ground "BARRED BY LAW", i.e limitation.
When considering whether O7 R11 is attracted the court does not go beyond the domain of the plaint (i.e your primary pleading) and does not get into the opponent's reply or any evidences.
Your plaint would be rejected only when the bar of limitation is deducible from a bare perusal of plaint itself and not by resort to any evidences.
See (Popat Kotecha Properties v. SBI Staff Assn - 2005 SC)
S.N.Kakkar v. M.N.Kakkar - 2007 Delhi High Court
