Difference between annexure and exhibit
alok tripathi
(Querist) 23 March 2012
This query is : Resolved
Dear Members,
Can you Please make me clear that what is difference between Annexure and Exhibit?
whether all document which you have filed as an annexure is need to be exhibit?
V R SHROFF
(Expert) 23 March 2012
eg, a xerox copy annexed, but objected to by op, cannot be exhibited or read in evidence.
Shonee Kapoor
(Expert) 23 March 2012
Exhibits are only what can be read as part of evidence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
alok tripathi
(Querist) 23 March 2012
Dear Member,
Thanks for your valuable replies,
Further I want to say that i got the article somehow, kindly go through the same and tell me whether it is correct in our Indian context regarding difference of Annexure and exhibit
Where the deponent to an affidavit refers to a document or documents within the body of the affidavit, copies of the document or documents may be made an annexure to the affidavit or an exhibit to the affidavit
An annexure to an affidavit must be identified as such by a certificate endorsed on the annexure(and not on a page separate from the annexure) signed by the person before whom the affidavit is
made
There is no need for the annexure to be signed by the person making the affidavit.
adv. rajeev ( rajoo )
(Expert) 23 March 2012
documents produced with a plaint are called as annexures. All the documents what you have produced before the court will have to be exhibited.
Shantilal Pandya
(Expert) 23 March 2012
annexure refers to a thing (document ) which is annexed with a main plaint ,application or appeal memo , while exhibit refers to a thing (document) with the purpose that it may be looked at by the court , but mere exhibition of a document would not mean that its contents are proved.
R.K Nanda
(Expert) 23 March 2012
the documents filed with plaint are called as annexures and those documents which have
been proved in evidence are called Exhibited
documents .
Shantilal Pandya
(Expert) 23 March 2012
it is not necessary that documents which are exhibited are also proved
Guest
(Expert) 24 March 2012
Documents attached with the affidavit/plaint is annexure or appendix, while any or all of such attachments, if referred during examination/ cross-examination to make part of evidence are treated as exhibits of the proceedings/ judgment order. Such exhibits are referred, as such, thereafter in appeals/ revision petitions also for easy reference and linkage purposes.
A. A. JOSE
(Expert) 27 March 2012
The matter has nicely been explained by Shri PS Dhingra ji and I fully endorse the same.
dev kapoor
(Expert) 28 March 2012
Hi,
Much has been said on the issu by Experts here but I add that the marked difference between the two is any document attached with affidavit,plaint,W/S,complaint or Misc petition are 'annexures'.These annexures become "exhibits" on proof (Proof of a document under the Evidence Act)Unless an annexure is proved in the manner prescribed in the Evidence Act,it remain on the file as 'annexure' only and cannot be tendered in evidence.Unlike this,when an annexure is proved under law it has to be read in evidence & its relevance` cannot be overlooked.Annexure, on being proved in the Court during examination of witness at the time of trial become relevant & an'Exhibit' mark is put on it for convenience of locating it & rightly appreciating by thev Court at the time of drafting a Judgment/order.Unless an annexure is exhibit marked it cannot be read in evidence.
Rest,whatever others` have said cannot also be ignored.
Jacob Pratap
(Expert) 06 April 2012
A document can be attached with the plaint/petition/revision or reply etc.without seeking the permission of the concerned Court; however, before exhibiting a document, there needs to be a permission from the Court - expressly or impliedly. If the opponent rebuts the document, and the court agrees with him; the document will not be exhibited but would be 'Marked' but not exhibited.
