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Additional documents

(Querist) 13 April 2016 This query is : Resolved 
My father filed a suit for permanent injunction. The suit was mortged to defendant and redeemed. Redemption deed was not registered. Original mortgage deed is also lost by us. Permanent injunction was granted subject to redemption of mortgage money. In first appeal permanent injunction was confirmed and also upheld redemption of mortgage. Defendant filled some additional documents which was not considered by first appeal.The suit is remanded by high Court to first appellate to consider additional documents.
Now when we took Encumbrance certificate for last 50 years we noted that the property was mortgaged again to different person after redemption with defendant.
We never (plaintiff) never submitted this document and in written statement second mortgage was not mentioned. We only mentioned in written statement that property is redeemed from defendant and we are in possession.

Can we submit Encumbrance certificate as additional documents now which will prove the property is redeemed.
Since the high Court remanded case back first appellate to consider additional documents submitted by defendant, can plaintiff also submit additional injunction now?
Devajyoti Barman (Expert) 14 April 2016
Yes, the plaintiff can also submit additional document. However after going through the order of remand I could have advised more appropriate manner.
Rastogi (Querist) 14 April 2016
Is it possible to submit additional documents on fact which is not pleaded in written statement?
Devajyoti Barman (Expert) 14 April 2016
Give details..without seeing the pleading it is not proper to advise further.
Rastogi (Querist) 14 April 2016
The property was mortgaged between 1952-55 for 3 years by father of plaintiff.
Pleadings
The property was redeemed by father of plaintiff in 1973.
Plaintiff is in possession of property after redemption .
Redemption deed is not registered. Original mortgage deed is lost.
Prayed for permanent injunction.

What plaintiff did not plead and not aware

Plaintiff father mortgaged the same property in 1975 to other person. Mortgage is registered again in 1975. The said mortgage was also redeemed in 1980. Now we want to produce Encumbrance certificate(EC) as additional document
Adv. Yogen Kakade (Expert) 15 April 2016
I think mr. barman has guided you rightly.. get connected with him personally.
Rajendra K Goyal (Expert) 15 April 2016
Agree with the expert Devajyoti Barman.
Dr J C Vashista (Expert) 16 April 2016
Show all the documents to Mr. Barman, an expert on the subject, if you are located in/around Kolkata, otherwise consult a local lawyer.
At this stage plaintiff can submit EC with the permission of Court (which is formal and generally allowed).


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