Civil Procedure Code (CPC)

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difference of marking

(Querist) 12 September 2008 This query is : Resolved 
sir
what is the diffrence between documents marked and documents exibit and document on record in court file at any proceedings, how the document is marked if submitted as annextures or exibits, i mean the process to get the documents marked and at which stage?
nitin (Expert) 12 September 2008
the diffrence between documents marked and documents exibit and document on record in court file at any proceedings, the documents are marked, when the counsel at the time of his evidence has placed only the photostat copy of that documents and has also not brought the origional. the exibits are those docoments which are either in origional in the court file or the counsel has brought the origional and shown to the court or the opposite counsel.
Kiran Kumar (Expert) 13 September 2008
one more thing i must add that the documents which are EXHIBIT are supposed to be proved one and the documents which are MARK are not supposed to be proved one. Court can not be compelled to look into the MARK documents.

though the Marked documents are not totally thrown away but not enough to prove a case.
K.C.Suresh (Expert) 14 September 2008
Exhibits prodeuced by A party can be marked and taken on eveidence on there side. But at the same time these exhibits produced by the any of the party can be matked by any party to their side. onle when it is marked the same has come into eveidence. Othere wise the court can mark it a Court Exhibit. That also can be used by the whole party in the trail/ proceedinhgs.
advocate satya (Querist) 04 November 2008
sir
can at the time of evidence the bunch of document can be written as marked and exhibits where the original is produced for some documents it will be written as exhibit and if the original is not there it is writen as marked? i mean as per the original availability or not in the same evidence papers exhibit and mark both can be written and used?
PALNITKAR V.V. (Expert) 16 February 2009
The answer does not depend whether the document is original or photocopy or xerox. What is material is that a document is to be exhibited if it duly proved at the time of evidence or is deemed to have been proved by reason of admission or otherwise. Whereas a document is marked only for the purpose of identification as a matter of convenience. A document simply marked but not exhibited is not to be read in evidence. Thus, initially a document is simply marked and when proved it gets exhibited.


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