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Cross midway

(Querist) 15 January 2013 This query is : Resolved 
I am petitioner in Sec 13 1 a case. My affidavit was submitted & some 15 documents were marked Exhibits while opp party lawyer did nt perform. After 2-3 dates, my cross started & its midway. Queries are:
1) Opp party lawyer is taking a casual approach & not interested in completing the cross. I have to take leave to attend court & return empty handed. Is there any way throu court that he finishes the cross in 1 or 2 hearings
2) Exhibit 7 & 8 are self-written letters to police long way ago in 2007 in which i informed about her threats to police as DDR entry. These are zerox copies but ARE SELF-WRITTEN. Will these letters hold legal value coz i can not get certified copies as cops are not ready to help in such an old matter?
Raj Kumar Makkad (Expert) 16 January 2013
1. Make request through your lawyer to get the desired relief obtained from court.

2. those photocopies cannot be got ehibited rather can be got marked.
rajiv_lodha (Querist) 16 January 2013
Thanx sir,
But these photocopies already have been marked as EXHIBITS NO 7 & 8.
Should I do something more so that they carry weight during trial?
V R SHROFF (Expert) 16 January 2013
Rajiv,
Apply for "NO CROSS ORDER" pointing out that u were present all dates, and the opp party failed and neglected to cross examine, and the matter be expedited, proceeded further with no cross order.

you can summon concerned Police station to prove your xerox copy submitted are true and can be relied upon.
rajiv_lodha (Querist) 17 January 2013
Thanx Shroff sir,
* I wil tell my advo for NO CROSS ORDERS so that opp party talks sense.
* Is this step 'Summoning police to verify' necessary? My lawyer says:
1) The letter is already marked as EXHIBIT. No need to worry as it wil carry all weight. Opp lawyer shud have objected when we were pressing our documents to be exhibited. Now that stage is over due to their laxity, we r comfortable. Is this so?
2) Other thing he says- Its a self written letter by PW-1, so PW-1 has to admit it as his own if need be. Is it so?
Raj Kumar Makkad (Expert) 17 January 2013
Even if a document has wrongly been exhibited, it can be got argued at the time of final argument and such document can not be relied upon at par with the duly exhibited document.
rajiv_lodha (Querist) 18 January 2013
At what stage such a document can be termed a DULY EXHIBITED DOCUMENT?
It has got exhibit number with approval frm judge, opp party did nt oppose it when it was being done. Even now, its credentials be contested or its legal weight be scaled down as compared to its fellow exhibits?
Raj Kumar Makkad (Expert) 19 January 2013
If the opposite counsel had not objected to this document then it shall not be scaled down.


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