Documents with evidence allow o 8 r 1(a)(3)

S. S. Rathi (Querist) 05 April 2016 This query is : Resolved
i am defendant and not file any documents with WS now i am filing petition with evidence affidavit under order 8 rule 1 (a)(3) read with 151 of cpc

can its correct and what ground i have mention, pls suggest few grounds...

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Devajyoti Barman (Expert) 05 April 2016
Without the leave of the Court you can not formally prove the documents which were not mentioned while filing WS provided the sit is filed after 2002.

S. S. Rathi (Querist) 06 April 2016
I think to file evidence affidavits & petition u/o 8 rule 1(a)(3) one day before of next date. Or file before court
Is it right, pls guide

S. S. Rathi (Querist) 06 April 2016
Or file evidence affidavits one day before and petition u/o 8 rule 1(a)(3) file on date before court

adv. rajeev ( rajoo ) (Expert) 08 April 2016
For production of document application u/o 8 r 1A is necessary. You have to mention the reasonable grounds for what reason you are producing the documents in a belated stage.

S. S. Rathi (Querist) 08 April 2016
sir i have filed petition u/o 8 r 1(a)(3) along with evidence affidavit and original documents. But court yet not exhibits as other side advocate not comes in court room to accept the documents even call various times.
what Can do i do on next date as i am defend case from out of state. whether i am present on next date or wait till other side accepts the papers and file counter on document petition
pls guide

Devajyoti Barman (Expert) 09 April 2016
Take help of a local alwyer.
To fight a case for a layman is not a piece of cake.

V R SHROFF (Expert) 09 April 2016
engage ur Advocate. u may make mess and repent later on..

[ or take calculated risk ; what u loose if can't d successfully]

Rajendra K Goyal (Expert) 09 April 2016
Take help of senior lawyer.

S. S. Rathi (Querist) 09 April 2016
Opponent is very influence person , im already changed four advocates

RAVI K GOUD (Expert) 10 April 2016
With the permission of the court relevant documents can be filed before adducing the evidence. So along with the petition or application you file the documents before the court for permission to file the documents.

It is allowed documents will be marked as exhibits.

It is immaterial and has no concern to the court whether the party is influential person or not. You or your counsel has to do and justify their duties. Nothing more and nothing less.
All the best....

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