Evidence
sheela
(Querist) 03 November 2013
This query is : Resolved
In a case for recovery, the civil court passed the following order:
1. List of witnesses to be filed by both parties.
2. Put for plaintiff's evidence on 22/11/13
I am the plaintiff and I don't have any witness.
Do I have to file any evidence by way of affidavit on 22/11/13 or the documentary evidence filed by me in the plaint along with supporting affidavit would suffice. What exactly would take place on 22/11/13
P. Venu
(Expert) 03 November 2013
The plaintiff himself or herself could be, and should be, the witness.
Devajyoti Barman
(Expert) 03 November 2013
You have to repeat the statements of plaint and comments on ws in affidavit in chief.
If you not wish to produce any supporting witness, then no need to file list of witnesses.
Shri P. Venu in his actual avatar is welcome.
sheela
(Querist) 03 November 2013
Thanks, Mr.Venu Sir, for prompt reply. The defendant has not appeared despite summons and the court has decided to proceed ex parte. So what would happen on 22/11/13.
Advocate M.Bhadra
(Expert) 03 November 2013
Plaintiff as a witness it is evident that ordinarily the provisions regarding the witnesses stall apply when a party to a suit is required to give evidence or to produce a document.You can additional witness as per provision of CPC
“ Order XVI and Rules 1 and 1A.
ORDER XVI
SUMMONING AND ATTENDANCE OF WITNESS
1. List of witnesses and summons to witnesses.- (1) On or
before such date as the Court may appoint, and not later than
fifteen days after the date on which the issues are settled, the
parties shall present in Court a list of witnesses whom they
propose to call either to give evidence or to produce
documents and obtain summonses to such persons for their
attendance in Court.
(2) A party desirous of obtaining any summons for the
attendance of any person shall file in Couran application
stating therein the purpose for which the witness is proposed
to be summoned.
(3) The Court may, for reasons to be recorded, permit a party
to call, whether by summoning through Court or otherwise,
any witness, other than those whose names appear in the list
referred to in sub-rule (1), if such party shows sufficient cause
for the omission to mention the name of such witness in the
said list.
(4) Subject to the provisions of sub-rule (2), summonses
referred to in this rule may be obtained by the parties on an
application to the Court or to such officer as may be appointed
by the Court in this behalf within five days of presenting the
list of witnesses under sub-rule (1)
R.K Nanda
(Expert) 03 November 2013
agree with experts.
P. Venu
(Expert) 03 November 2013
Court's decision to go ex-parte is a welcome development. Plaintiff can lead the evidence without too many a hassle.
sheela
(Querist) 03 November 2013
I am indebted to you all for your valuable advice. Happy Diwali.
ajay sethi
(Expert) 04 November 2013
agree with experts
sheela
(Querist) 04 November 2013
Since defendant is not participating and court has decided to proceed ex parte, do I need to send him a copy of the affidavit of examination in chief that I may file in the court.
V R SHROFF
(Expert) 04 November 2013
You prepare your Affidavit in Evidence with whatever Documents in your hand,anf produce before the Court, as PW-1 by yourself, and on exhibiting your Documents, offere yourself for cross. If No cross order passses, you file PURSIS OF closer of evidence on Plaintiff's PART & If def do not appear next time, ARGUE YOUR CASE AND WIN.
U ONLY SUPPLY TC COPY TO COURT.
U NEED NOT SEND COPY YO DEF.
sheela
(Querist) 04 November 2013
Thanks a lot, Sir. By the way what is TC copy. Excuse my ignorance.
sheela
(Querist) 05 November 2013
You all experts have clammed up as if I have committed some sacrilege. Come on, Sirs; there may be umpteen things about which you may not even have the foggiest idea.
V R SHROFF
(Expert) 05 November 2013
tc= TRUE COPY
V R SHROFF
(Expert) 05 November 2013
U SAID "Have recently enrolled as an advocate and am doing a case...".
U BEING ADVOCATE WE EXPECT U TO KNOW IT.
sheela
(Querist) 05 November 2013
Yes, Mr. Shroff you are dead right. I should have known it. My mistake. TC I might have guessed. But TC Copy foxed me. Anyway, thanks a lot for your valuable advice.
