Documentry evidence in interlocutary application

This query is : Resolved 

Querist : Anonymous (Querist)
28 July 2011

Ld Counsels,

Is it possible to produce documentry evidence in an application under section 151 of CPC to prove that the plaintiff has come to court with unclean hands and made false statements there by abusing the court process.

Is is mandatory to mark the documents at the interlocutory stage. Particularly family court act section 14 empowers the court to admit all documents overlooking hte provisions of evidence act. Will there be any hassle in producing the documents in a IA petition.

Kindly clarify.

Kirti Kar Tripathi (Expert)
28 July 2011

you can file the same at this stage, you are not required to observe provision of Evidence Act strictly. This document is only for showing the conduct of OP

niranjan (Expert)
28 July 2011

Why application under sec.151,you can file written statement alongwith the documents.

M/s. Y-not legal services (Expert)
29 July 2011

You can mark the documents in i.a also.. But better you can file your documents along with your written statements. If you want you can file additional documents also with court's permission.

DEFENSE ADVOCATE.-firmaction@g (Expert)
29 July 2011

u/s 151 CPC you can invoke only when no other provisions are available.

There are many other simple and sure ways.

I.S.Roy,Advocate (Expert)
19 November 2012

Irrespective of provisions of the Evidence Act, If family court may in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872). which according to S 14 of Family Court Act. Here only the problem is the Family court have total discretion in view of "may in its opinion, assist it to deal effectually with a dispute" whether evidence is relevant or admissible or not which means even PHOTO STAT COPY also admissible without fallowing the procedure if the Family judge felt it is required "to assist it to deal effectually with a dispute"

V R SHROFF (Expert)
19 November 2012

Family Court can allow any Doc, at their pleasure in IA.

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