annex and exhibits

Querist : Anonymous (Querist) 13 September 2010 This query is : Resolved
If in the annex of a divorce petition only basic document like marriage certificate, proof of address are mentioned, can later on other documents like e-mail, sms can be produced as evidence? My advocate said it will not be possible as the petitioner has not made a mention either of e-mail /sms in the petition, or in the annex of the petition. Opinions would be appreciated.
Many thanks

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Kiran Kumar (Expert) 14 September 2010
evidence can be given only to the extent of allegations levelled in the petition.

Rajeev kulshreshtha (Expert) 14 September 2010
It is clear law that pleading is important and evidence without pleading have no effect.

Querist : Anonymous (Querist) 14 September 2010
Thank you both. The pleading points it seems would be substantiated by e-mails written 5-7 years back. My advocates take is that since there is no specific mention of e-mail/SMS in the petition, though allegations are there(but without mentioning e-mails( like it was said so and so and it was done so and so) it would not be allowed as evidence. No specific mention is made in annexure of e mails /SMS. I am sorry for inconvenience, but can these queries be looked into again?
Many thanks and regards

Devajyoti Barman (Expert) 14 September 2010
After the coming into effect of the amended cpc , the plaintiff is required to file or furnish a list of documents to be used in support of his case at the time of filing the plaint. However it is not mandatory and the plaintiff can refer or exhibit at the time of evidence if the court grants leave to that effect.

Querist : Anonymous (Querist) 14 September 2010
Thank you Mr. Devajyoti

Uma parameswaran (Expert) 14 September 2010
I am also supporting L.Friend .Barman.

s.subramanian (Expert) 14 September 2010
The production of documents without supporting pleas in the petition will not and cannot advance your case any further. No amount of oral or documentary evidence can be accepted and acted upon by any court without pleas regarding them .Hence your advocate's opinion is right. No doubt CPC contains a provision in Order VII Rule 14 (3) for production of such documents with the leave of the court. But how can they be used without supportive pleas. Mere production will not suffice. They have to be proved by necessary pleas and evidence.

Querist : Anonymous (Querist) 15 September 2010
Thank you Mr. S Subramanian

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