Document not exhibited

Pradeep Kumar (Querist) 12 May 2014 This query is : Resolved
If Plaintiff has forgot to put Exhibit on document at the time of evidence and the PW has not been closed yet. What should plaintiff do to put the Exhibit on document? Should he file an application under O-XIII R-4 or application under O-XVIII R-4 of CPC or should he close the evidence by putting the Exhibit on document which was left?Kindly give your inputs.

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adv. rajeev ( rajoo ) (Expert) 12 May 2014
file an application to recall and get exhibit the document.

Rajendra K Goyal (Expert) 12 May 2014
File an application as advised.

Dr J C Vashista (Expert) 12 May 2014
Yes, move an application u/o XIII R4 and get the documents exhibited.

Biswanath Roy (Expert) 13 May 2014
If the document admitted in evidence then endorsement is possible. But in such a case good cause must be shown to the satisfaction of the court for the non-production thereof, and the court receiving any such evidence shall record the reasons so doing (vide also sub-rule 2)

T. Kalaiselvan, Advocate (Expert) 13 May 2014
Recall the witness and mark the exhibits as advised by the experts above.

ABDUL RAZIQUE (Expert) 13 May 2014
Your answer is in your question only you want to verify your doubt. Yes it is better to file an application under Order XIII Rule 4 and get the documents exhibited.in the Civil Procedure Code as the provisions contained in Order 18, Rule 4 of the CPC is concerned, is applicable only to witnesses and not to parties.

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