Is it required/necessary to specify the list of proofs in applicaiton?
niky......
(Querist) 09 August 2013
This query is : Resolved
In written statement all the required proofs were mentioned by the defendant and he is ready to submit when required.
Later an application was made by defendant which doesnt specify or mention of any proofs for that application request. But can defendant show/mention the related proofs during the "argument" session to the honorable judge, for this application, which were mentioned in the written statement?
Or the defendant will need to add amendment to the application, for adding evidence section to show case the proofs during application discussion(argument)?
Thanks.
R.K Nanda
(Expert) 09 August 2013
there was no need to file said application when all proofs were already stated in WS.
prabhakar singh
(Expert) 09 August 2013
Mr.Nanda is right.The application is redundant.
niky......
(Querist) 09 August 2013
Thank you experts, for the reply.
Just to add a bit more details, the case is about rented house evacuation based on the factor that defendant was not staying at the suit premises.
And the plaintiff(owner) mentioned in the title suite that current residence of defendant is some other place and not suit premises.
So the application was made by defendant to ask for the correction in W.S Title of suit, to change the current residence of defendant to suit premises.
Do you still think this application was redundant?
And a generic question to this context: For every application made, is it mandatory to specify the proof/evidence list in the application itself? Even if the same is already mentioned in the W.S?
Thank you.
Devajyoti Barman
(Expert) 09 August 2013
If any correction in WS is needed then file petition for amendment of pleading.
No mentioning of proof is needed.
niky......
(Querist) 10 August 2013
Thank you very much for the reply. Got it clear for me now.
